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2010 Supreme(Ker) 857

K.T.SANKARAN
Rajan – Appellant
Versus
Soman – Respondent


Advocates Appeared:
For the Petitioner: T.K. Venugopalan, Dinesh R. Shenoy
For the Respondent: T.N. Hareendrann, Lekha Kumari N.

JUDGMENT :

K.T. Sankaran, J.

These Second Appeals arise out of three appeals which were disposed of by a common judgment and which arose out of three suits which were disposed of by the trial court by a common judgment.

2. The property in question, having an extent of 15.75 cents, originally belonged to Thankappan Parameswaran (second plaintiff) and Kumaran (second defendant) are the children of Thankappan and Gowri (third defendant). Rajan (first plaintiff) is the son of Parameswaran. Soman (first defendant) is the son of Kumaran and Rajamma (fourth defendant). (For the sake of convenience, the parties are referred to as per their rank in O.S. No. 1047 of 1986, from which Second Appeal No. 54 of 1993 arose).

3. As per Ext. A1 partition deed executed in the year 1979 after the death of Thankappan, the properties including the property in dispute in these cases were divided into five shares. 'B' schedule in Ext A1 was allotted to the second defendant Kumaran. Gowri had a life interest in the property as per the terms of Ext.A1. Kumaran and Gowri assigned the plaint schedule property in favour of the first defendant Soman as per Ext.B1 sale deed dated 23.01.1985, registered as document N

























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