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Nambiamuttil Pokker Vs. Kithakki Kunhipatumma and ors. - Court Judgment

LegalCrystal Citation
SubjectFamily;Property
CourtChennai
Decided On
Judge
Reported in(1906)ILR29Mad296
AppellantNambiamuttil Pokker
RespondentKithakki Kunhipatumma and ors.
Excerpt:
malabar law - karnavan right of to sue member in possession for maintenance. - 1. it is clear that this suit as now brought is not maintainable. the plaintiff's case is that he is the nephew (sister's son) of the first defendant and that there is certain property in her possession which, as a matter of fact, belongs to the tavazhi of which the first defendant and he are members. granting for the sake of argument that the plaintiff's contentions are true he should have sued as karnavan of the tavazhi for the recovery of the property that he alleges belongs to the tavazhi. a suit brought by the karnavan for maintenance against a member of the tavazhi is not maintainable. on this ground we are of opinion that this suit was properly dismissed and we accordingly dismiss this second appeal with costs.
Judgment:

1. It is clear that this suit as now brought is not maintainable. The plaintiff's case is that he is the nephew (sister's son) of the first defendant and that there is certain property in her possession which, as a matter of fact, belongs to the Tavazhi of which the first defendant and he are members. Granting for the sake of argument that the plaintiff's contentions are true he should have sued as Karnavan of the Tavazhi for the recovery of the property that he alleges belongs to the Tavazhi. A suit brought by the Karnavan for maintenance against a member of the Tavazhi is not maintainable. On this ground we are of opinion that this suit was properly dismissed and we accordingly dismiss this second appeal with costs.


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