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1949 Supreme(Ker) 61

K.T.KOSHI, K.SANKARAN, K.S.GOVINDA PILLAI
Kalianikutty Amma – Appellant
Versus
Devaky Amma – Respondent


Advocates Appeared:
For the Appellants : K.P. Venkitakrishna Ayyar, M. Narayanan Menon & V. Sankara Menon
For the Respondents: P.K. Subramania Ayyar, C.S. Venkitarama Ayyar & C.S. Anantha Krishna Ayyar

JUDGMENT :

K.T. Koshi, J.

This is an appeal by defendants 79 to 84 in O.S. No. 16 of 1120 on the file of the Anjikaimal District Court. The appeal is directed against the preliminary decree for partition passed by that Court on 26th Thulam 1123. Plaintiffs 1 to 3, defendants 1 to 78 and defendant 92 are, or were members of a Nanjanad Vellala family settled down at Ernakulam. In 1102 there was a partition in the family. That is evidenced by the partition deed Ext. A, dated 27th Vrischigam 1102. The present suit is to set aside that partition and to effect a division de novo. On the date of Ext. A the three plaintiffs were minors. Defendants 79 to 84, the appellants before us, are the widow and children of Velayudhan Pillai who was the Karnavan when the division was effected. He died in Kumbhom 1119 bequeathing all his properties to the appellants. Defendants 85 to 91 are the legal heirs of one Chakyat Narayana Menon, deceased, to whom Velayudhan Pillai had assigned a portion of one of the items he got in partition. The plaintiff’s claim to have the partition arrangement under Ext. A set aside and to have a fresh division of the plaint schedule properties found favour with the Court be












































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