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1985 Supreme(Ker) 401

M.P.MENON, K.P.RADHAKRISHNA MENON
P. K. Madhavi Amma – Appellant
Versus
M. M. Appu Nair – Respondent


JUDGMENT

Radhakrishna Menon, J.

1. Plaintiff is the appellant. She filed the suit for partition and separate possession of her share in plaint A schedule and B schedule properties.

2. Facts lie in a narrow compass: The plaintiff is the daughter of Anandan Nair, a predeceased son of Kalliani Amma to whom the plaint properties belonged. A schedule property belonged to Kalliani Amma exclusively, while B schedule properties belonged to the thavazhi of Kalliani Amma. There were 7 members in the thavazhi at the time when Kalliani Amma died. Kalliani Amma thus was entitled to 1/7th share in B schedule properties. Kalliani Amma died in the year 1961. On her death, her properties devolved on the plaintiff and defendants 1 to 3 as co-owners. The plaintiff being the daughter of a predeceased son of Kalliani Amma, is entitled to 1/4th share in A schedule property and 1/28th share in B schedule properties. The plaintiff has also claimed her share of profits for three years prior to the filing of the suit.

3. The contesting defendants resisted the suit on various grounds. The main and perhaps the only contention seriously raised is that the plaintiff lost her right to claim her share in the properti








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