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2015 Supreme(Ker) 625

P.B.SURESH KUMAR
ZENITH – Appellant
Versus
SAKKIR HUSSAIN – Respondent


Advocates Appeared:
For the Appellant : SMT.PREETHY KARUNAKARAN, SRI.ANISH S.AMBADY, SMT.BIJIMOL JOSE
For the Respondents: SRI.K.M.SATHYANATHA MENON, SRI.R.RAJESH KORMATH

JUDGMENT :

These appeals arise from the decision in O.S.No.214 of 1994 on the file of the Sub Court, Manjeri. A.S.No.162 of 2002 is by the plaintiffs and R.F.A.No.796 of 2009 is by defendants 1 to 4. The suit was one for partition of plaint B schedule properties.

2. Plaint B schedule properties belonged to one Maanu @ Mohammed. The fifth defendant is the first wife and the sixth defendant is the second wife of Maanu. The plaintiffs and defendants 1 to 4 are the children of Maanu in his first wife and defendants 7 and 8 are the children in his second wife. Maanu died on 7.3.1994. The case of the plaintiffs is that on the death of Maanu, the plaint B schedule properties devolved on the plaintiffs and the defendants. While defendants 1 to 5 supported the claim of the plaintiffs for partition, defendants 6 to 8 opposed the claim contending that Maanu had transferred a portion of plaint B schedule properties to them and that the said portion is not partible. According to the plaintiffs, Maanu was not having a sound state of mind and therefore, the alienations, if any, made by Maanu are void and not binding on plaint B schedule properties.

3. The evidence in the case consists of the oral te
















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