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2007 Supreme(Ker) 828

M.SASIDHARAN NAMBIAR
Remadevi – Appellant
Versus
Gopalakrishnan – Respondent


Advocates Appeared:
For the Petitioners: N.P. Samuel.
For the Respondents: K.G. Balasubramanian.

JUDGMENT :

1. Legal heirs of 8th defendant in O.S.728 of 1994 on the file of Sub Court, Thrissur are the appellants. First respondent is the plaintiff and respondents 2 to 6 are defendants 1 to 5. First respondent instituted the suit seeking a decree for partition. The plaint schedule property was sought to be partitioned contending that the property was allotted under Ext.A1 partition deed in favour of Kunjikkavu Amma, her daughter, second respondent and her sister Thankam @ Janaki Amma and Thankam @ Janaki Amma died as spinster in 1120 ME and mother Kunjikkavu Amma died in 1953 and on their death, their right devolved on second respondent and her children appellant and respondents 3 to 6 are her children and therefore each of them is entitled to 1/6 shares. It was contended that the house in the property was rented out and it was learnt that some document was executed in favour of sixth defendant, though first respondent was not aware of the document and on enquiry it was known that respondents 2 to 6 sold their right to sixth respondent. Seventh respondent is the tenant of the building. On the death of the 6th defendant, 8th defendant was impleaded as his legal heir. On his deat










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