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1959 Supreme(Ker) 356

M.S.MENON, T.K.JOSEPH
Prabhakara Menon – Appellant
Versus
Gopala Menon – Respondent


JUDGMENT

T.K. Joseph, J.

1. This appeal arises from the preliminary decree in a suit for partition. The plaintiff sued for partition of the properties described in schedules A, A1, B and C appended to the plaint. The suit was allowed only in respect of the properties in schedule A; hence this appeal by the plaintiff.

2. The facts necessary for the decision of the appeal may be stated: The plaintiff and defendants 1 and 2 are the descendants of one Kunji Amma who had six sons, Raghavan Nair, Kannankutty Nair, Ramankutty Nair, Govinda Menon, Sekharan Nair and Madhavankutty Menon, and a daughter, Kallyani Amma. Kallyani Amma had two sons who are defendants 1 and 2 and a daughter, Kunhikutty Amma. The plaintiff is the only surviving son of Kunhikutty Amma. The properties in schedule A are those obtained by Kunji Amma's thavazhi in partition of the main tarvvad in 1927. B schedule represents properties alleged by the plaintiff to have been obtained by the thavazhi from Kunji Amma's husband, Gopala Menon. Part of B schedule properties was compulsorily acquired by the Government and the compensation due in respect of the same is included in schedule A1. C schedule represents the movables. At












































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