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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 8292-8293 of 2003

PETITIONER:

C.T. RADHAKRISHNAN

RESPONDENT:

C.T. VISWANATHAN NAIR AND ANR.

DATE OF JUDGMENT: 16/01/2006

BENCH:

B.P. SINGH & P.K. BALASUBRAMANYAN

JUDGMENT:

J U D G M E N T

P.K. BALASUBRAMANYAN, J.

1. The parties to these appeals belong to Chokkura

Thaliyadath tarwad, a hindu family governed by

Marumakkathayam system of law as modified by the

Madras Marumakkathayam Act, 1932. They belong to the

thavazhi of Cheriyammu Amma. Cheriyammu Amma

acquired the suit property under a deed of gift Exhibit A-1

dated 19.6.1905. On the death of Cheriyammu Amma, the

property devolved on her thavazhi, consisting of her two

daughters, Ammini Amma and Kunhimalu Amma and two

sons Appu Nair and Gopalan Nair. Appu Nair and Gopalan

Nair having died, the property devolved on the thavazhi

consisting of Ammini Amma and her son and Kunhimalu

Amma and her children, of whom four survived. Ammini

Amma died in the year 1944. On 19.9.1954, under

Exhibit-B-9, Kunhimalu Amma acting for self and as

guardian of her two minor sons, Narayanan Kutty and

Ra