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1955 Supreme(Ker) 191

JOSEPH VITHAYATHIL, G.KUMARA PILLAI
Muhammed Vavukhan – Appellant
Versus
Kunju Pouthammal – Respondent


Advocates Appeared:
For the Appellant : T.S. Krishanamurthy Iyer.
For the Respondent: K.P. Abraham

JUDGMENT :

Joseph Vithayathil, J.

Plaintiff is the appellant. The suit is for partition after setting aside certain gift deeds and sale deeds. The plaint properties belonged to one Mohomed Vava Khan who was a Hanafi Muslim. He died intestate on 22.2.1119 leaving his widow (first defendant) and his three daughters (defendants 2 to 4) as heirs and plaintiff and defendants 10 to 14 as residuaries. Plaintiff and defendants 10 to 14 are entitled to 5/24 share in the properties, the plaintiff being entitled to 5/144 share. Vava Khan executed seven gift deeds and four sale deeds. They are Exts. I to XI. Ext. VI is a gift deed dated 7.4.1102 executed in favour of defendants 2 to 4 in respect of 52 acres and 42 cents in plaint item No. 1. Ext. VII dated 15.7.1103 is a gift deed in favour of the first defendant for 2 acres in item No.1. Ext. VIII dated 2.2.1113 is a gift deed in favour of the third defendant for 16 acres in item No. 1 and the whole of item No. 11. Ext. IX dated 2.2.1113 is a gift deed to the fourth defendant for 16 acres in item No. 1 and also a building (item No. 2) standing in item No. 1. Ext. X dated 2.2.1113 is also a gift deed in favour of the 7th defendant, the daughter




























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