Partly allowed
Elikutty John v. Mariyamma Iyye
Kerala HCRFA/565/2004
Case brief
AI extract
What is this about?
A partition deed operating as a family settlement conferred a half share on a brother without antecedent title. The legatee's appeal was allowed, granting his legal representative declaration, partition and separate possession of that share. The connected appeals and cross-objection were dismissed, as was the competing partition suit.
What did the court decide?
Second appellant granted declaration of half-share title, partition and separate possession, and appeal costs; her share of profits to be determined in final decree proceedings.