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1965 Supreme(Ker) 415

C.A.VAIDIALINGAM
Parukutty Amma – Appellant
Versus
Ramanunni Nair – Respondent


Advocates Appeared:
For the Petitioner: S. Subramonia Iyer
For the Respondent: N. Ananthakrishna Iyer, V.R. Venkitakrishnan, C.M. Devan, V. Balakrishna Eradi

ORDER :

In this Civil Revision Petition, on behalf of the petitioners, who are defendants 31 and 32, Mr. S. Subramania Iyer, learned counsel challenges the order passed by the learned Subordinate Judge of Ottapalam in I.A. 471 of 1965 in O. S.65/56 on the file of that court.

2. From the statement of facts in the Civil Revision Petition, it is seen that the 1st respondent to this revision petition, originally instituted the suit O. S.65 of 1956 for partition of the suit properties, as appurtenant to the Sthanam of the 1st defendant; and that claim was made on the basis of the provisions of the Madras Marumakkathayam (Removal of Doubts) Act, 1955 (Madras Act XXXII of 1955). It is also seen that in that suit, the plaintiff wanted a partition of the properties, after setting aside several alienations stated to have been effected by the 1st defendant, in favour of some of the parties to the suit, including the present revision petitioners. The petitioners contested the claim made by the plaintiff, as also the reliefs that he wanted to obtain in the suit.

3. While matters stood thus, the Sthani, who was the 1st defendant, died in January 1960, and in May 1960 the Supreme Court declared Madr



























































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