LAWS(KER)-2017-3-57

CHELATHUKANDY MEENAKSHI AMMA D/O. RARAPPAN NAIR, AGED 51 YEARS, SWASTHAM, IYYAD DESOM, SIVAPURAM VILLAGE, KOYILANDY TALUK Vs. PARAPPURATH UNNI NAIR AND OTHERS RESIDING AT ELONTHIKKAL, SWASTHAM, S/O. KALLIANI AMMA, PANANGAD AMSOM DEASOM, KOYILANDY TALUK

Decided On March 09, 2017
Chelathukandy Meenakshi Amma D/O. Rarappan Nair, Aged 51 Years, Swastham, Iyyad Desom, Sivapuram Village, Koyilandy Taluk Appellant
V/S
Parappurath Unni Nair And Others Residing At Elonthikkal, Swastham, S/O. Kalliani Amma, Panangad Amsom Deasom, Koyilandy Taluk Respondents

JUDGEMENT

(1.) (1) Is there any importance in medical evidence to arrive at the presence of or lack of the mental element of disposing state of mind ?

(2.) O.S.No.198/2006 of the Munsiff's Court, Koyilandy is filed as a simple suit for partition, seeking partition and separate possession of the share of the plaintiff over the plaint schedule properties by metes and bounds and for mesne profits.

(3.) The plaintiff and late Madhavi Amma are the only two daughters of late Rarappan Nair and his wife. His wife pre-deceased Rarappan Nair. Madhavi Amma also predeceased Rarappan Nair. Rarappan Nair died on 17.05.2006. The first defendant is the husband of late Madhavi Amma. Defendants 2 and 3 are daughters of the first defendant and Madhavi Amma. The plaintiff and defendants 1 to 3 are the legal representatives of Rarappan Nair.