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2019 Supreme(Ker) 386

P.B.SURESH KUMAR
Kizhakkayil Devi Amma (Died)Parol, Mahi – Appellant
Versus
Palliyil Koyiloth Narayanan Olavilam Amsom, Desom, Tellicherry Taluk – Respondent


Advocates Appeared:
For the Appellant : Sri. R. Bhaskaran, Sri. R.K. Muraleedharan
For the Respondent: Sri. K. Mohanakannan, Smt. T.V. Neema, Sri. C. Vathsalan, Sri. K. Rakesh Roshan, Sri. V.V. Asokan (Sr.)
R. Parthasarathy, For Addl.Respondents 7, 8 And Addl.Appellants A9 to A 15.

JUDGMENT :

Defendants 18 to 22 and 24 in a suit for partition are the appellants in the second appeal.

2. The property sought to be partitioned in the suit is an item originally held by one Kelu Kurup. Kelu Kurup gifted the property to his nieces namely Mathu, Parvathi, Lekshmi and Madhavi. Exhibit A1 is the Gift Deed executed by Kelu Kurup in this connection. The plaintiffs are persons claiming under Madhavi. The case set out by the plaintiffs in the plaint is that Ext.A1 is a gift in favour of the thavazhies of the four persons mentioned in the document and all the members of the four thavazhies are, therefore, entitled to a share in the property. A decree for partition was sought, in the circumstances, on that basis.

3. Among the donees in Exhibit A1, Parvathi was succeeded by her son Sankara Kurup. Sankara Kurup had married thrice. Defendant No.11 is the son of Sankara Kurup in his first wife. Defendant No.17 is the second wife and defendant No.19 is the third wife of Sankara Kurup. Defendant No.18 is the daughter born to Sankara Kurup in defendant No.17 and defendant Nos. 20 to 24 are the children born to Sankara Kurup in defendant No.19. In the suit, among others, defendant No.1

















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