ANUPPANADY KOODAYEE AMMAL FAMILY TRUST, THROUGH ITS SOLE TRUSTEE O. MEENAKSHIA PILLAI Vs. KOODAYEE AMMAL,

JUDGEMENT

(1.) The above two appeals have been preferred against a common judgment, by the plaintiff in A.S. No.681 of 1984 and the first defendant in A.S. No.1146 of 1986.

(2.) The first suit O.S. No.235 of 1981 for a partition was decreed by the learned Subordinate Judge. The second suit O.S. No.469 of 1981 was for a declaration that the plaintiff is the sole trustee of the family trust and for possession of the items of the suit property. The second suit was dismissed and the appeal is against this common judgment.

(3.) The facts of the case are stated hereunder. The parties are described as per their rankings in the partition suit. The plaintiff -Koodayee Ammal's husband Muthukinglinatha Pillai and the first defendant O. Meenakshia Pillai are brothers and sons of one Oorkavalan Pillai. For better appreciation, the genealogy of the parties is given below :