(1.) In this intra-court appeal filed under Section 5 of the Kerala High Court Act, 1958, the sole plaintiff in O.S. No. 223 of 1983 on the file of the Subordinate Judge's Court, Thrissur, challenges the appellate Judgment and decree passed by a learned single Judge of this Court in A.S. 441 of 1988. The said suit was one for realisation of a sum of Rs. 20,000/- from the appellants' step mother one Parukutty Amma and her daughter Sukumari on the allegation that the said amount was the sale consideration due to the appellant under Exts. A1 to A3 sale deeds.
(2.) The appellant besides maintaining his contentions in the present suit (O.S. 223/1983) resisted the partition suit contending inter alia as follows:-
(3.) The present suit O.S. 223 of 1983 was filed by the appellant against his step mother Parukutty Amma and her daughter Sukumari for realisation of a sum of Rs. 20,000/- deposited by Parukutty Amma in the Pazhampalakkode branch of the Canara Bank, being portion of the total sale consideration of Rs. 42,000/- obtained under Exts.A1 to A3 sale deeds and allegedly appropriated by Parukutty Amma to the exclusion of the appellant.
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