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1990 Supreme(Ker) 542

S.PADMANABHAN
Bhaskarana Nair – Appellant
Versus
Sankaranarayanan Nair – Respondent


JUDGMENT

S. Padmanabhan, J.

1. Suit property belonged in jenmom to the Avanipuram Devaswom. It was given possession to the tharavad of the plaintiffs on karaima for doing kazhakam services in the temple. Sankaran Nair, father of the defendant, was also a member of the tharavad and he is the uncle of the plaintiffs, being their mother's brother. There was Ext. A1 partition in the tharavad in 1098. The plaint schedule property was included in the share allotted to the branch of the plaintiffs and their mother. Kazhakam services were directed in the partition deed to be performed by the four members, including Sankaran Nair, in rotation. Admittedly, Sankaran Nair was performing the services till his death in 1952. The case of the plaintiffs is that thereafter themselves and the defendant were performing the services. They also maintained that all along they were in possession of the property. But the case of the defendant is that Sankaran Nair was in possession of the property and performing services till his death and thereafter he is in exclusive possession and services were rendered by him alone. It is his further case that he attorned to the Devaswom and an attempt made in 1962 to t










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