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1990 Supreme(Ker) 523

S.PADMANABHAN
A. Pathu – Appellant
Versus
Katheesa Umma – Respondent


JUDGMENT

S. Padmanabhan, J.

1. Deceased Mohammedkutty married five ladies in succession. We are concerned only with two among them, first plaintiff and first defendant. In the first plaintiff, he left 12 children, who are plaintiffs 2 to 13 and in the first defendant seven, defendants 2 to 8, totalling 19. This suit for partition involves only one item. It is B schedule over which first defendant had a kanom right. She is alleged to have sold her kanom right to her husband under the original of Ext A1 on 16-10-1943 pursuant to which he purchased the jenmom right under Ext. A2 on 8-8-1951. Alleging that Mohammedkutty was in possession of the suit property as full owner when he died, the plaintiffs claimed their share. First defendant denied execution of Ext. A1 and, in the alternative, pleaded limitation and adverse possession. Defendants 2 to 6 supported her. Defendants 3 and 4 in addition claimed special right over some constructions. Trial Court dismissed the suit finding that execution of Ext. A1 is not proved. Hence the plea of adverse possession was not considered. That is how the plaintiffs came up in appeal.

2. No attesting witness to Ext. A1 is alive and available for ; examin








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