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2024 Supreme(Online)(KER) 26903

HIGH COURT OF KERALA
T. R. Ravi, J
MALU AMMA – Appellant
Versus
K.P.MANI – Respondent


JUDGEMENT

Defendants 1 to 5 in O.S.No.84 of 2006 on the file of the 1st Additional Munsiff Court-I, Kozhikode have filed this second appeal.

The suit was filed by respondents 1 and 2 in this second appeal.

The 3rd respondent in the second appeal was the 6th defendant in the suit. The properties originally belonged to one Sri Perachan. On the death of Sri Perachan, the property devolved on his sons Lakshmanan and Raghavan. Raghavan did not marry and on his death Lakshmanan became the absolute owner of the property.

Lakshmanan had five children in his wife Meenakshi, named Shyamala, Rajan, Mani, Jeevan and Anitha. Shyamala sold her 1/6th right over the plaint schedule property to one Prabhakaran Nair and one Sathi Amma as per Ext.B5 document dated 30.01.1974. Thereafter, Rajan and Meenakshi on her own behalf and representing the 2nd plaintiff and the 6th defendant, who were minors at that time and the 1st plaintiff who is stated to be mentally unsound, released their undivided share over the plaint schedule properties to Prabhakaran Nair and Sathi Amma as per Ext.B7

document dated 7.4.1974. Sri Prabhakaran Nair and Smt.Sathi Amma thereafter assigned their right over the properties to the

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