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2013 Supreme(Online)(KER) 9728

HIGH COURT OF KERALA
N.K.BALAKRISHNAN, J
JANAKI – Appellant
Versus
BHASKARAN – Respondent


JUDGMENT

The plaintiffs in a suit for partition are the appellants. The plaint schedule property is the 4th item shown in schedule C to Ext.A1 partition deed of 1950. (In the appendix to the trial Court judgment the date of Ext.A1 is wrongly noted as 26-9- 1995.) The plaint schedule property consists of four 'taks'. The said property is described as Neelikandam nilam. Tak No.1 measures 11x21 ¼ six feet koles. Tak No.2 measures 8 ¾ x 18 ½ - six feet koles. The measurement of the third tak is 14 x 18 six feet koles. The fourth tak measures 30x16 ½ – six feet koles. The aforesaid item No.4 in C schedule was allotted to plaintiffs and the first defendant.

2. The 2nd and 3rd plaintiff and the first defendant are the children of the first plaintiff. Since subsequently, the 1st plaintiff died her legal representatives have been brought on record as supplemental appellants. The first defendant and another daughter were minors at the time of Ext.A1 partition deed of

1950 and so they were represented by their mother, the deceased first plaintiff. The plaintiffs and the defendant were the allottee numbers 17 to 20 in Ext.A1. Though other properties were also allotted those properties were assig

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