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2021 Supreme(Ker) 656

P.SOMARAJAN
Thankamani, W/o Late Somanathan – Appellant
Versus
Vijayadharan, S/o Gangadharan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : V.VENUGOPALAN NAIR

JUDGMENT :

The order rejecting permission to appeal as indigent persons (three in numbers) is under challenge by the petitioners therein.

2. It is the defendants in the suit who came up in appeal against the decree of realisation of money due from their predecessor-in-interest, the husband of first defendant and the father of the remaining defendants. Among the three petitioners, the first one is the mother of second and third petitioners. She is a widow aged more than 60 years having no job or income, except a monthly pension of Rs.1,000/-. The other two are the unemployed daughters, who were given in marriage and residing along with their husbands. Their husbands are employed in Police service and KSRTC service respectively. The First Appellate Court rejected their application to appeal as indigent persons on the ground that the first appellant, though a widow, admitted while in the box, that her sons-in-law are employed. The second and third appellants, who are the daughters, were found to have sufficient means on account of employment of their husbands. The report of the District Collector that they are having immovable properties, having an extent of 8.09 Ares and 11.29 Ares in

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