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2009 Supreme(Online)(Ker) 20580

KERALA HIGH COURT
, J
Princelal C. v. G. Prasanna Kumari and Others


Table of Content
1. nature of property acquisition and joint will. (Para 1 , 2)
2. defendants' assertions about property and will maintainability. (Para 3 , 4)
3. trial court verdict details and appeals. (Para 6 , 8 , 10)
4. substantial questions of law arising from the appeal. (Para 12 , 13 , 14)
5. nature of the joint will and revocation rights. (Para 15 , 16 , 17)
6. validity of later documents in light of original will. (Para 18 , 19)
7. final conclusions on appeal and directions to trial court. (Para 20)

1. The common appellant in these appeals filed under O.XLIII R.1(u) C PC is the 3rd defendant in OS No. 393 of 1989 on the file of the Munsiff's ourt, Kollam. The said suit as originally filed was one for a declaration that Ext. A1 Will dated 14/02/1985 continues to be in force and that the plaintiff has half right over the plaint B and schedule properties and for setting aside Ext. A2 Will dated 29/01/1988, Ext. A3 sale deed dated 29/01/1988 and Ext. A4 settlement deed dated 26/09/1988 executed by the plaintiff's mother. The suit was subsequently amended as one for partition and separate possession of the plaintiffs one fifth share over the plaint A schedule Property.

2. THE PLAINT

























































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