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2017 Supreme(Ker) 901

K.RAMAKRISHNAN
Sathiabhama, Shertallai Taluk – Appellant
Versus
Velandy, Chavakkad Taluk – Respondent


Advocates Appeared:
For the Petitioner:P.R. Venketesh, Advocate.
For the Respondent:K.G. Balasubramanian, R. Ramadas, K.S. Bharathan, Advocates.

JUDGMENT :-

1. The plaintiff in O.S.No.4/1984 of Sub Court, Irinjalakkuda is the appellant herein. The suit was one filed by the plaintiff for partition of the plaint schedule properties and allotment of her share in the plaint schedule properties with the following allegations:

The plaint schedule properties originally belonged to deceased Velandi, Choyi Kunju and Ayyappan Kunju and they were their self acquired properties and ancestral properties. The parties belonged to Arayan community and as per the custom prevailing in the community of Arayans, if one person dies, his properties will devolve upon his sons and daughters equally. So the plaint schedule properties have to be divided into 13 equal shares and plaintiff and defendants 1, 2 and 6 to 13 are entitled to get one such share and defendants 3 and 4 are entitled to get one such share, which their predecessor Gopalakrishnan is entitled to. The 1/13th share of the 9th defendant (wrongly mentioned as 13th defendant in the plaint) has to be allotted to the 14th defendant as he had obtained the right of the 9th defendant in OS.No.8/1979 of Sub Court, Alleppey. Though the plaintiff approached the defendants for partition, they wer













































































































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