KOMAN NAMBIAR Vs. LAKSHMIKUTTY APPISSI

JUDGEMENT

(1.) This is an appeal by the first plaintiff in a suit for partition. In the plaint, there are five schedules. Schedule A gives the genealogy relevant for the purpose of the suit. Schedules B and Care immovable properties to be partitioned. Schedules D and E are some debts to be realised which are liable to be partitioned. Schedule F deals with movable properties. In schedule A genealogy these relevant facts are given.

(2.) Originally the properties now sought to be partitioned belonged to Govinda Kurup and Ithooli Appissi. Ithooli Appissi is the wife of Govinda Kurup. By Ext.B7 dated 7-8-1937, the properties of Govinda Kurup and Ithooli Appissi were partitioned. Govinda Kurup took A schedule property in Ext.B7 and Ithooli Appissi took B schedule property. The properties taken by Ithooli Appissi and some other items Ithooli Appissi got from her tarwad partition are the properties mentioned in B schedule of the plaint. C schedule property in the plaint is the A schedule Govinda Kurup got under Ext.B7.

(3.) Govinda Kurup and Ithooli Appissi had four children, Kunhukutty Appissi, Kunhikutty Appissi, Lakshmikutty Appissi and Kali alias Kuttimalu Appissi. Kunhukutty Appissi is the first defendant and Lakshmikutty Appissi is the second defendant. Kunhikutty Appissi had four children. Plaintiffs land 2, Koman Nambiar and Balakrishnan Nambiar are the two sons of Kunhikutty Appissi. It is stated that one son Ramankutty Nambiar died and the other son Govindankutty Nambiar is defendant No.13. Kunhukutty Appissi and Lakshmikutty Appissi had no children. Kali alias Kuttimalu Appissi had two daughters, Karthiyani and Devaki. Karthiyani is the third defendant and Devaki is the fourth defendant. Karthiyani had three children, defendants 5,6 and 7. Devaki's children are defendant No.8, 9, 10, 11 and 12. 16th defendant is the husband of Devaki.