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2011 Supreme(Ker) 1181

M.SASIDHARAN NAMBIAR
Paul – Appellant
Versus
Biju – Respondent


Advocates Appeared:
For the Appellants : V.M. Krishnakumar.
For the Respondents: N.P. Samuel.

JUDGMENT :

Defendants in O.S. 300/1995 on the file of Munsiff Court, Kodungallur are the appellants. Plaintiffs are the respondents. Plaint A schedule property is 2.15 acres in survey No.469/3 of Payya village of Kodungallur Taluk. Item No.1 and 2 of the plaint B schedule properties are portions of the plaint A schedule property. Item No.1 is having an extent of 55 1/4 cents and item No.2 is 6.375 cents. The plaint A schedule property, admittedly originally belonged to Sreenivasa Shenoi under registered partition deed 2974 of 1964. Under Ext.A1 registered sale deed Sreenivasa Shenoi assigned the property in favour of Antony as guardian and father of respondents, who were then minors aged respectively six years and 3 years, for the minor children and any other children that may be born to Antony thereafter. Item No.1 of the plaint B schedule property was later assigned by Antony as guardian of the respondents, under Ext.B2 sale deed dated 20.4.1983 in favour of the first appellant. Using the said consideration, the property covered under Ext.B1 was purchased by father Antony in the name of the respondents on the same day. Subsequently first appellant assigned the property covered und














































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