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2009 Supreme(Online)(KER) 6765

HIGH COURT OF KERALA
THOMAS P.JOSEPH, J
SUKUMARAN – Appellant
Versus
JANAKI AMMA – Respondent


JUDGMENT

Respondents appear through counsel. Heard both sides.

2. This Second Appeal arises from judgment and decree of learned First Additional District Judge, Palakkad in A.S.No.229 of 2006 confirming judgment and decree of learned Munsiff, Alathur in O.S.No.124 of 2005. Appellant/plaintiff and respondents are members of the same tharwad. While so, there was a partition of the properties as per Ext.A1, partition deed No.348 of 1960 dated 18.2.1960. As per that partition deed C schedule was allotted to the appellant and E schedule was allotted to respondent Nos.1 to 3. Other schedules were allotted to other members of the tharwad. It is not disputed that the sharers of D schedule released their right in favour of respondents. Now what remains is only the A, B, C and E schedules. Appellant was given a right of residence in the tharwad house situated in the E schedule allotted to respondent Nos.1 to 3. Appellant filed the suit alleging that respondents are attempting to materially alter or demolish the tharwad house and to alienate the same to affect his right of residence in the tharwad house. Respondents denied the allegation that they are attempting to demolish the house but assert

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