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Neblakanta Thuruvambu Vs. K.S. Ananthanarayana Aiyar - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.724
AppellantNeblakanta Thuruvambu
RespondentK.S. Ananthanarayana Aiyar
Excerpt:
malabar law - hindu family--tarwad--karnaivan's authority to engage tutor to teach english to the members of the family--contract binding on the succeeding karnavan--family assets liable to pay tutor's wages. - - 1. having regard to the circumstances of the family, which is a comparatively well-to-do one, i think it must be held that a karnavan who engages a tutor far the purpose of teaching the english language, on terms as to remuneration such as are found here, to the members of the family, is acting within his authority and makes a contract binding upon his successors.1. having regard to the circumstances of the family, which is a comparatively well-to-do one, i think it must be held that a karnavan who engages a tutor far the purpose of teaching the english language, on terms as to remuneration such as are found here, to the members of the family, is acting within his authority and makes a contract binding upon his successors. in this view, i hold that the decision of the lower court, which undoubtedly finds that there was such a contract by the former karnavan, is one binding upon the succeeding karnavans and that the debt thus due is payable out of the assets of the family. the petition is dismissed with costs.
Judgment:

1. Having regard to the circumstances of the family, which is a comparatively well-to-do one, I think it must be held that a karnavan who engages a tutor far the purpose of teaching the English language, on terms as to remuneration such as are found here, to the members of the family, is acting within his authority and makes a contract binding upon his successors. In this view, I hold that the decision of the lower Court, which undoubtedly finds that there was such a contract by the former karnavan, is one binding upon the succeeding karnavans and that the debt thus due is payable out of the assets of the family. The petition is dismissed with costs.


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