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2024 Supreme(Ker) 88

A. BADHARUDEEN
Mariyam @ Beatrice, Rep. By Power Of Attorney Holder Boby Kurian – Appellant
Versus
Fr. Joseph Mattam (Died) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: C.S.Bissimon, Denny Varghese

JUDGMENT :

This appeal is at the instance of the plaintiff in O.S.No.213/2019 on the files of Munsiff Court, Pala. The respondents are the defendants in the suit.

2. Heard the learned counsel for the appellant/plaintiff on admission. I shall refer the parties as plaintiff and defendants.

3. The plaintiff filed the suit contending that the parties are Christians and are governed by the Indian Succession Act, 1925. According to the plaintiff, plaint A and B schedule properties belonged to the father of the plaintiff by name Chacko, S/o. Mattathilaya Valiyaparambil Chacko. It is the further contention that Chacko obtained absolute ownership over the property covered by partition deed No.339/1100 and sale deed No.3482/1103 of Meenachil SRO. The contention of the plaintiff further is that Chacko died intestate and his mother also died. Therefore, the plaintiff, who is governed by the Indian Succession Act, is entitled for 1/5th share over the plaint schedule property.

4. Defendants 1 to 5, 17, 18, 19, 20, 27 and 23 filed written statement and the crux of their contentions is that Chacko died in the year 1938 and therefore, in the matter of succession, the parties are governed by Travancore

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