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1955 Supreme(Ker) 194

K.T.KOSHI, K.S.GOVINDA PILLAI, T.K.JOSEPH
Velayudhan Sarojini – Appellant
Versus
Sankaranarayanan Sivanandan – Respondent


Advocates Appeared:
For the Appellant : N. Varadaraja Iyengar & N. Ananthakrishna Iyer.
For the Respondent: M.N. Parameswaran Pillai.

JUDGMENT :

K.S. Govinda Pillai, J.

The plaintiff is the appellant. The parties are Ezhavas governed by the Ezhava Act. Defendants 1 and 3 are the children of the 2nd defendant. Defendants 4 to 10 are the children of the 3rd defendant. Besides the 1st defendant, the 2nd defendant had another son by name Sadasivan. He married the plaintiff in Makaram 1115 and left for Singapore on 2.11.1115. He had not been heard of ever since. It has therefore to be presumed that he is dead. The plaintiff's suit is for partition of the plaint schedule properties and for giving her the half share of the properties that Sadasivan would be entitled had he been alive, with past and future profits. The plaint A schedule properties belong to the sub-tarwad of defendants 1 to 10 and Sadasivan. The plaint B schedule consists of properties given in the names of the 2nd defendant and her mother by the deceased father of the 2nd defendant and plaint C schedule properties are those which defendants 1 to 3 and Sadasivan obtained from their deceased father Sankaranarayanan.

On 9.8.1120, the defendants effected a partition of the properties obtained by them. Sadasivan must be presumed to have become divided from the





















































































































































































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