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2012 Supreme(Ker) 1081

V.RAMKUMAR, K.HARILAL
Thithumma – Appellant
Versus
Rukhiya Umma – Respondent


Advocates Appeared:
For the Appellant :T. Krishnan Unni (Sr. Advocate) & P.V. Rama Wariyar
For the Respondent:S.V. Balakrishna Iyer (Sr. Advocate), C.P. Mohammed Nias & T.R. Ravi.

JUDGMENT :

This intra court appeal is preferred against the judgment and decree passed by the learned Single Judge of this Court in A.S.No.175/1995, reversing the judgment and decree passed in O.S.No.34/1982 of the Sub Court, Tirur and dismissing the cross appeal filed by the respondent therein. O.S.No.34/1982 was a suit for partition and also for setting aside a gift deed in favour of the first respondent herein who was the sole contesting 6lh defendant in the original suit. The plaintiff and all defendants in the original suit except the sole contesting 6th defendant are no more. The appellants and all respondents except the 1st respondent are successors in interest of the plaintiff and original defendants 1 to 5.

2. Genealogy, Properties and claims:

Mundekattil Abdutty was an illiterate and issue less landlord, who committed suicide at the age of 57 leaving behind his wife Rukkia Umma, two brothers - Kunhimarakkar and Mohammed Musliar and also four sisters by names Ayisumma, Pathunni Umma, Veerayumma and Thithumma. He had large extent of landed property, in excess of ceiling limit under the Kerala Land Act. Abdutty married thrice and divorced twice, but died issue less. This sad pl






















































































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