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2017 Supreme(Ker) 877

K.RAMAKRISHNAN
Changaroth Lakshmi Amma – Appellant
Versus
C. Mohan Kumar – Respondent


Advocates Appeared:
For the Appellants : S.V. Balakrishna Iyer and P.R. Venketesh.
For the Respondents: V.V. Asokan, S. Amina, K.N. Sivasankaran and R.K. Venu Nayar.

JUDGMENT :

1. Defendants 6 to 9 in O.S. No. 7/1996 of Sub-Court, Quilandy are the appellants herein. The suit was one filed by the plaintiff, who is the 1st respondent herein for partition of the plaint schedule properties and allotment of 1/11 share in the plaint B schedule property with profits past and future with the following allegations:

The plaint A schedule is the geneology of the family. Plaint B schedule with other properties originally belonged to Marumakkathayam Thavazhi consisting of Alankottu Thekke Puthukkudi Pennuttiamma and others. The property belonged to the thavazhi was partitioned as per partition deed No. 1341/1952 of Sub-Registrar's Office, Naduvannur dated 27.7.1952 evidenced by Ext.A4 partition deed and plaint schedule property was allotted to group consist of Kunhamma Amma and defendants 1 and 6 as a unit constituting a sub thavazhi and they have been in possession and enjoyment of the same. Kunhamma Amma had only two female children, who are defendants 1 and 6 and Kunhamma Amma was the daughter of Pennutty Amma. Kunhamma Amma was executant No. 7 and defendant Nos. 1 and 6 were the executant Nos. 8 and 9 in the partition deed who were minors at that time and



















































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