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1984 Supreme(Ker) 341

K.S.PARIPOORNAN
M. Kanuka Kurup – Appellant
Versus
Vaniyarambath Lakshmikutty Amma – Respondent


JUDGMENT

K.S. Paripoornan, J.

1. Plaintiff in O.S. 46 of 1973 of the Subordinate Judge's Court, Badagara are the appellants herein. Defendants in the above suit are the respondents. The suit was one for partition and separate possession of plaintiffs' share in the B schedule properties with future profits. Plaint B Schedule consists of three items. Item 1 is a residential building. Item No. 2 is a compound about 22 cents in extent wherein the residential building is situate. Item No. 3 is a nilam about 40 cents in extent. Plaintiffs 1 and 2 and deceased Chathu Kurup are the children of one Kalyani Amma. The Ist defendant is the widow of Chathu Kurup and defendants 2 to 5 are their children. Kalyani Amma, Plaintiffs 1 and 2 and Chathu Kurup are members of the Thavazhi. They belong to Moniyarathu Tarwad. There was a partition in the tarwad evidenced by Ext. A1 dated 11-4-1965. It is labelled as a "partition deed". Plaint B schedule items 2 and 3 (compound and nilam) were allotted to the share of Kalyani Amma and B Schedule item No. I building was allotted jointly to Kalyani Amma and her children-plaintiffs 1 and 2 and Chathu Kurup. Ext. A1 contained certain conditions and directions re































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