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Kerala Court September 2006 Judgments

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Sep 01 2006

K.S.E.B. Vs. Abraham

Court: Kerala

Decided on: Sep-01-2006

Reported in: AIR2007Ker12; 2006(4)KLT770

K.T. Sankaran, J.1. These appeals arise out of nine suits filed by the first respondent in the respective appeals as O.S. Nos. 138 of 1991, 139 of 1991, 140 of 1991,141 of 1991, 71 of 1992, 72 of 1992, 78 of 1992, 79 of 1992 and 80 of 1992. The defendants in the suit are the Kerala State Electricity Board, The Deputy Chief Engineer, Lower Periyar Project and the National Project Construction Corporation Ltd. Against the judgments and decrees in the suits mentioned above, the Kerala State Electricity Board filed A.S. Nos.470 of 1994,490 of 1994,523 of 1994,521 of 1994,574 of 1994,522 of 1994,525 of 1994,558 of 1994 and 519 of 1994 respectively. The third defendant challenged the judgments and decrees in the suits in A.S. Nos.596 of 194, 660 of 1994, 613 of 1994, 623 of 1994, 616 of 1994, 599 of 1994, 600 of 1994, 627 of 1994 and 601 of 1994 respectively.2. The plaintiffs claim possession in respect of about nine acres of garden land lying on the south of Periyar River and on the western...


Sep 01 2006

P.V. Aliyamma Vs. E.K. Thomas

Court: Kerala

Decided on: Sep-01-2006

Reported in: I(2007)DMC717

K.S. Radhakrishnan, J.1. Can the wife claim any share in the family properties of the husband if the 'Stridhanam' amount is utilised for the benefit of her husband's family is the question that has come up for consideration in this case.2. Parties are husband and wife. Marriage between them took place on 12.5.1952 and two sons were born in that wedlock. They are working as teachers and later they retired from service. After 35 years of married life they started living separate, wife alleging cruelty against husband and vice versa. In the year 1992 wife preferred O.S. 137 of 1992 before the Munsif Court, Ernakulam for partition against her husband claiming half share in the plaint schedule properties on the strength of Ext. A1 registered partition deed executed in the family of the husband. Suit was later transferred to the Family Court, Ernakulam. Question that is raised for our consideration is whether wife could claim share in a partition effected in the family of the husband.3. Plai...


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