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1958 Supreme(Ker) 282

G.KUMARA PILLAI, C.A.VAIDIALINGAM
Narayanan Namboodiripad – Appellant
Versus
Kuberan Namboodiripad – Respondent


JUDGMENT

G. Kumara Pillai, J.

1. These two appeals arise from a suit for partition of a Nambudiri illom. A. S. No. 603 of 1953 is by defendant 2, and A. S. No. 885 of 1953 by defendants 3, 5 to 7, 9, 16, 17, 19 and 21 jointly. The illom sought to be partitioned in the suit is known as Kavumkara illom. It is situated in Kathirur Amsom, Pulliyot Desom. There was a contention in the lower court, which is repeated in this court by the appellants in A. S. No. 885 of 1953, that the plaintiffs do not belong to this illom and are members of another Kavumkara illom which is situated in Manathana Amsom, Thondiyil Desom and that except attalatakkom rights (i. e., rights of either of them to get the properties belonging to the other if the other family becomes totally extinct), the two Kavumkara illoms have no community of interests with each other. Therefore, to avoid confusion the illom which is sought to be partitioned in the suit is referred to hereinafter as Pulliyot Kavumkara illom, and the illom to which, according to the appellants in A. S. No. 885 of 1953, the plaintiffs belong referred to






























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