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1954 Supreme(Mad) 50

PANCHAPAKESA AYYAR, SUBBA RAO
Bhaskaran Thirumulpad, Tawazhi Karnavan – Appellant
Versus
Kavunni Thirumulpad (died), Tavazhi Karnavan – Respondent


Advocates:
M.K. Nambiar for Appellants.
D H. Nambudripad, N. Sundara Aiyar and V.R. Venkatakrishnan for Respondents.

Subba Rao, J.-

This appeal is directed against the decree, and judgment of the Court of the Subordinate Judge of Ottapalam in O.S. No.85 of 1944, a suit filed by the appellants for partition and for delivery of possession to the plaintiffs and their mother, the 14th defendant of their 7/20 share in the tarwad properties described in the plaint B schedule. Before us, the learned counsel appearing for the parties did not cover the entire field of disputes occupied in the Court below. It would, therefore, be sufficient if the necessary facts relevant to the questions raised were stated.

Defendants 1, 2, 6, 9 and 12 to 14 are the children of Kunhikutti Kolpad and her husband Kunhan Nedungadi. Plaintiffs are the children of the 14th defendant. The other defendants are the children of defendants 2, 6 and 9. Originally, Kunhikutti Kolpad and her children were members of a tarwad called Mandilakkottil. In 1914, there was a partition among the members of the tarwad, and Kunhikutti Kolpad and her children separated themselves and constituted a different tarwad. Kunhan, the husband of Kunhikutti Kolpad, was also in affluent circumstances. The B schedule properties were his self-acquisitions. Th































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