LAWS(KER)-2010-10-461

CHANDRAN K Vs. K HARIDAS

Decided On October 07, 2010
CHANDRAN, K. Appellant
V/S
K. HARIDAS Respondents

JUDGEMENT

(1.) THIS appeal arises from a suit for partition.

(2.) KELOTH Kunhikannan and the 12th defendant had four sons and two daughters, namely, the plaintiff, defendants 1 to 4 and the 9th defendant. Defendants 5 to 8 are the children of the fourth defendant. Defendants 10 and 11 are the children of the 9th defendant.

(3.) DEFENDANTS 9,10 and 11 resisted contending that the bequest made by Kunhikannan as per Ext.A-1 was in favour of the thavazhi headed by the 12th defendant and therefore, it inured to the benefit of all members who were born in that thavazhi in terms of the Marumakkathayam Law on or before 1 -12-1976, the date of coming into force of the Kerala Joint Hindu Family System (Abolition) Act, 1975.