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IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
SUMA DALLY – Appellant
Versus
VIKRAMAN – Respondent
| Table of Content |
|---|
| 1. background and initiation of partition dispute. (Para 1 , 2) |
| 2. formation and significance of the appeal & cross objection regarding share disputes. (Para 3 , 4) |
| 3. court's observations on previously determined shares and legal evaluations of deeds. (Para 5 , 6 , 10) |
| 4. final decisions on share allocation and case restorations. (Para 11 , 12 , 14) |
JUDGMENT
This appeal and the cross objection arise from the judgment and decree in A.S. No. 355/2010 of the Additional District Court-I, Thiruvananthapuram, which originally stood as A.S.No.102/2005 on the files of the Sub Court, Neyyattinkara, and was later transferred and renumbered as A.S.No.355/2010.
2. The brief facts necessary for the disposal of this appeal and the cross objection are as follows:
2.1. The suit was one for partition. The plaint schedule property consists of 72.5 cents in the name of Chellayyan Nadar, who died in the year 1980. After his death, the property devolved upon his wife and 8 children, who are the plaintiff and defendants 1 to 7 in the suit. The parties are governed by the Indian Succession Act , 1925 and therefore, the wife of Chellayyan Nadar, Appi Amma got 1/3rd right, whereas the plainti to
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