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2017 Supreme(Online)(KER) 74

HIGH COURT OF KERALA
B.KEMAL PASHA, J
RAMANATHA BHANDARY – Appellant
Versus
CHANDRAHASA BHANDARY – Respondent


Advocates:
SRI.P.B.KRISHNAN, SRI.P.M.NEELAKANDAN, SRI.P.B.SUBRAMANYAN, SRI.SABU GEORGE, SRI.JOSE JOSEPH (CHEMPLAYIL), SRI.K.I.MAYANKUTTY MATHER, SRI.P.RAHUL

JUDGMENT

(1) Are the provisions contained in Section 36 of the Madras Aliyasantana Act , 1949 inconsistent with any of the provisions of the Hindu succession Act, 1956?

(2) Does Section 30 of the Hindu succession Act, 1956, enlarge the scope of Section 7 (2) of the said Act?

(3) Can the share allotted to a Nissanthathi Kavaru male be inherited by his natural heirs on his death?

(4) What are the eventualities wherein the limited estate of life interest of a Nissanthathi Kavaru, over the properties allotted to it in partition of the Kutumba properties, become an absolute estate?

(5) Can persons belong to Santhathi Kavarus of the Kutumba, who are in possession of the properties allotted to Nissanthathi Kavaru male in partition of the Kutumba properties on his death, be thrown out through a decree of mandatory injunction?

These are the main questions to be answered in this Regular Second Appeal.

2. O.S.No.117/2010 of Principal Munsiff's Court, Kasaragod was filed as a simple suit for mandatory injunction directing the defendants, their men and agents and all other persons claiming under them to discontinue the management and to surrender and restore actual possession of A schedule properties

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