N.K.BALAKRISHNAN
Leelamma – Appellant
Versus
T. G. Raveendran Nair – Respondent
N.K. Balakrishnan, J.
Defendants in a suit for partition are the appellants. The suit property measures 47½ cents. It originally belonged to one Narayanakurup and his sister Gowrikuttyamma obtained as per Ext.A1 Otti assignment deed of 1966. Gowrikuttyamma is the mother of the first defendant's husband. Undivided half right of Narayanakurup was assigned to his nephew-the plaintiff, as per Ext.A2 of 1996. On the death of Gowrikuttyamma, her undivided half right devolved upon the defendants, who are the wife and children of Gopinathakurup, the deceased son of Gowrikuttyamma. Thus the plaintiff contended that he has got half right over the entire 47½ cents covered by Ext.A1.
2. The defendants contended that out of 47 cents mentioned above, one half measuring 23 cents being the northern portion was obtained by Gowrikuttyamma and her deceased son as per Ext.B2 document of 1959. It was stated that on the southern side of the suit property, plaintiff has got 9 cents of land, which is not part of the suit property. It was further stated that, to the north of the 9 cents referred to above, first defendant's husband obtained 3 cents as per a release deed of 1985. It was also sated th
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