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2018 Supreme(Ker) 447

P.SOMARAJAN
Rudrayani Devaki (Died) – Appellant
Versus
A. Rajeswari D/o. Ammu – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. Pirappancode V.S. Sudhir, Sri. Jelson J. Edampadam
For the Respondents: Sri. Thirumala P.K. Mani, Sri. R.S. Kalkura, Sri. M.S. Kalesh, Sri. Harish Gopinath, Sri. V. Vinay Menon, Sri. Kiran Sankar

JUDGMENT :

Against the decree and judgment of the first appellate court (Sub Court, Nedumangad) in A.S.No.59 of 1998, dated 6.4.2001, reversing the judgment and decree in O.S.No.88 of 1996 of the Munsiff's Court, Nedumangad, dated 15.1.1998, the plaintiff came up with this appeal. The suit was for declaration of title of plaint 'A' schedule property, recovery of possession of 'B' schedule being part of 'A' schedule and for cancellation of Ext.A4 sale deed alleged to have been executed by defendant No.3 in favour of defendant No.1.

2. Both the parties are claiming their respective title under a parental document of partition, exhibited as A2, dated 13.7.1978, scheduled as 'E' and 'G' schedule in that document. The property allotted to the share of one Asok Kumar and Lalitha is having an extent of 6.5 cents ('G' schedule) and the property allotted to the share of defendant No.3 is having an extent of 6.5 cents ('E' schedule). On 19.12.1978, defendant No.3 sold her 6.5 cents of property to one Vanajakshi. Later on, it was purchased by the plaintiff along with the property allotted to the share of Asok Kumar and Lalitha ('G' schedule in Ext.A2 partition deed) and thereby obtained 13 cent











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