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Ottaparakkal Thazhath Soopi Vs. Charichal Pallikkal Mariyamma and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported in(1920)38MLJ207
AppellantOttaparakkal Thazhath Soopi
RespondentCharichal Pallikkal Mariyamma and ors.
Cases ReferredVasudevan v. Sankaraw I.L.R.
Excerpt:
- - 4. the onus then clearly lay on the plaintiffs to establish under the first issue that such very special circumstances existed as would justify a suit being brought by them without the concurrence of the karnavathi......and kumaraswami sastri, jj. that only under very special circumstances could the anandravans of a tarwad maintain a suit for redemption of a kanom granted by their karnavan, as such a suit would amount to an act of interference in the karnavan's management of tarwad affairs.3. in the present case the plaintiffs alleged in their plaint that the 1st defendant was acting in collusion with the 16th defendant, the kanomdar, and was ready to do any act prejudicial to the tarwad, and again, that if the possession of the properties was not recovered at once the jenmam title of the tarwad would in course of time be prejudiced. in her written statement the 1st defendant denied all the imputations made against her in the plaint.4. the onus then clearly lay on the plaintiffs to establish under the.....
Judgment:

1. This is a suit for redemption brought by junior members of what is termed a strisothu Tarwad, the manager of which is a woman called a Karnavathi and the members of which are governed by Marumakkathayam Law. The suit has been decreed, and the first question before us is whether the plaintiffs had a right to maintain it. As laid down in Vasudevan v. Sankaraw I.L.R.(1897) M. 129 and numerous other decisions, a Karnavan is at once the manager and the mouthpiece of the tarwad, or in the words of Mr. Justice Holloway ' a Malabar family speaks through its head the Karnavan and in Courts of Justice except in antagonism to that head can speak in no other way.'

2. So although we might be prepared to hold that junior members of such a family were, generally speaking, persons having an interest in tarwad property within the meaning of Section 91, Transfer of Property Act, where the individual right of suit from the point of view of the personal law of the parties is in question, we are fully in agreement with the statement of law laid down in S.A. No. 959 of 1917 where it was declared by Phillips and Kumaraswami Sastri, JJ. that only under very special circumstances could the anandravans of a tarwad maintain a suit for redemption of a kanom granted by their karnavan, as such a suit would amount to an act of interference in the karnavan's management of tarwad affairs.

3. In the present case the plaintiffs alleged in their plaint that the 1st defendant was acting in collusion with the 16th defendant, the Kanomdar, and was ready to do any act prejudicial to the tarwad, and again, that if the possession of the properties was not recovered at once the jenmam title of the tarwad would in course of time be prejudiced. In her written statement the 1st defendant denied all the imputations made against her in the plaint.

4. The onus then clearly lay on the plaintiffs to establish under the first issue that such very special circumstances existed as would justify a suit being brought by them without the concurrence of the Karnavathi. They adduced no oral evidence at all and there is nothing on the record to show that the 1st defendant had so misbehaved as to make it imperative to take the conduct of the affairs of the tarwad in such matter as the institution of suits etc, out of her hands. The District Munsif assumed that the 1st defendant was colluding with the 16th defendant, but apparently his only ground for drawing this inference was that she asked to have the suit dismissed. There may be many reasons why the continuance of the kanom might be beneficial to the tarwad. The terms as to the payment of purapad may be favourable. The tarwad may not have enough money readily available for defraying the large amount due for improvements. The courts below have not gone into these matters and decided that any 'very special circumstances' existed for redeeming the kanom as soon as it became redeemable. In the absence of such proof the plaintiffs cannot maintain the suit. It is unnecessary to deal with the other grounds. The appeal is allowed and the suit is dismissed without prejudice to the tar-ward's right of redemption in a properly instituted suit. The appellant will get his costs throughout from the respondents 1 to 4. The other respondents will bear their own costs throughout.


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