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1949 Supreme(Ker) 33

S.KRISHNA PILLAI, K.T.KOSHI
Krishnan Narayanan – Appellant
Versus
Kunchali Ummini – Respondent


Advocates Appeared:
For the Appellants : T.N. Narayana Iyer
For the Respondents: K. Narayana Panicker

JUDGMENT :

K.T. Koshi, J.

The suit giving rise to this appeal, was commenced by a child-less Ezhava widow. The suit was to set aside a deed of settlement executed by her deceased husband, one Kunjukunju, with respect to his separate and self-acquired properties, and to recover the one-half share due to her under the Travancore Ezhava Act, III of 1100. The settlement deed purports to have been executed on 3.10.1111 and it was registered on the 16th of that month. The document is Ext. C1 in the case and under it the plaintiff gets nothing. No provision is made even for her maintenance. The bulk of the properties are given to the members of Kunjukunju's tarwad while 64 cents of wet lands are given to the 1st defendant in the suit who appears to be a natural son of Kunjukunju. The 2nd defendant is Kunjukunju's brother, 3rd defendant is their sister and defendants 4 to 9 are the children of the 3rd defendant. The 10th defendant is a distant nephew in whose favour the 2nd defendant transferred a portion of the property he obtained under the impugned settlement deed. There were three other defendants in the suit but we are not concerned with them in this appeal.

2. The plaintiff's case with



























































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