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2016 Supreme(Ker) 767

P.R.RAMACHANDRA MENON, P.SOMARAJAN
Thamarasseri Roman Catholic Diocese Rep. by its Procurator Devssia's Son Rev. Father Joseph Kappil – Appellant
Versus
Umadevi Nambiar, D/o. Ullattukandiyil, Sankunni – Respondent


Advocates Appeared:
For the Petitioner: Sri. Tom K. Thomas
For the Respondents: Sri. T. Krishnan Unni, Sri. M. Gopikrishnan Nambiar, Sri. P.G. Rajagopala, Smt. T. Resmi Damodaran

JUDGMENT :

P. Somarajan, J.

The appeal is against the decree and judgment dated 31.10.1996 in O.S. No. 130/1989 of the Sub Court, Kozikode by the defendants. The suit was filed for a decree of partition by the plaintiff Umma Devi Nambiar. Originally the plaint schedule property belonged to Ullattukandiyil Sankunni. On his death the property devolved upon the plaintiff and her elder sister Mrs. Rani Sidhan. She executed a general power of attorney in favour of her sister Mrs. Rani Sidhan for the management and administration of her assets situated in India. After death of her husband she entered into a second marriage. The relationship between the plaintiff and her sister got strained due to her second marriage. Thereon she cancelled the power of attorney on 31.01.1985. A suit in O.S No. 16/1986 was filed before the Sub Court Kozhikode for partition of her ½ right over the property on getting information regarding execution of documents of alienation by her sister Mrs. Rani Sidhan. Subsequently, she came to know about the execution of assignment deed No.779/1981, release deed No. 780/1981, document Nos.111/1982 and 719/1982 (Exts.B5 to B8 documents). According to the plaintiff as per










































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