ANTHERMAN Vs. KANNAN

JUDGEMENT

(1.) The 4th defendant in O.S. No. 345 of 1948 of the District Munsiff s Court, Badagara- a suit for partition - is the appellant before us. The properties concerned belonged to one Kunhi Chekkan in kanom-kuzhikanom from the Kauttmatath Mana.

(2.) On the death of Kunhi Chekkan the properties devolved on his children under his will, Ext. A7 dated 17-12-1908. The courts below have found that the children took the properties with all the incidents of a tarwad property under the marumakkathayam system of law. That finding is not challenged before us.

(3.) Kunhi, Kalliani and defendants 2 and 3, four of the children of Kunhi Chekkan, assigned their rights to one Kadungon by Ext. B1 dated 5-1-1943. Kadungon in his turn assigned his rights under the document to the appellant by Ext. B2 dated 26-11-1943.