Skip to content


Mari Veelil Chathu Nair and ors. Vs. Mari Veelil Mulamparal Sekharam Nair and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.143
AppellantMari Veelil Chathu Nair and ors.
RespondentMari Veelil Mulamparal Sekharam Nair and ors.
Cases ReferredIn Vira Rajan v. Valiakami of Padia Kovilangam
Excerpt:
malabar law - constitution of a tavashi into a minor tarwad--acquisitions by the anandravan who became karnavan of the branch tartvad--absence of circumstances to show self-acquisition--presumption. - - it is a well-recognised principle of hindu law, that if nothing appears upon the case except that a member of a joint family is in possession of property and he alleges that it is his own self-acquisition, he is alleging an exception to the general rule and it lies upon him to prove the exception......to decide is that the mere circumstance of such a gift without more is insufficient to create a tavashi tarwad. but where, as in this case, there is the gift of property, enjoyment by the tavashi for more than eighty years and separate living by the members of the branch, we are not prepared to say that the court below were not justified in coming to the conclusion that the branch constituted & tavashi tarwad. but whether this view is correct or not, the question is whether property acquired by the manager of the branch, who is only an anandravan of the whole tarwad, when there is no evidence as to the source out of which the property was acquired, is to be deemed the property of the the tarwad or of the branch. it is admitted that ukkaran nair, who was the manager of the branch and.....
Judgment:

1. It is found by the Court below that the plaintiffs. constituted the members of the tavashi tarwad of Mulamparal and that they are entitled to the kanom amount in deposit. It is contended for the defendants that this finding is not correct. The decision in Korath Amman Kutti v. Perangottil Appu Nambiar 39 M. 322, is cited as opposed to the view of the lower Courts. It was there held by Moore and Sankaran Nair, JJ.: 'that when a female and some of or all, her children obtain any property from their father or Karnavan they are not thereby constituted into a tarwad by themselves, the senior member among them having the ordinary rights of the Karnavan of a Malabar tarwad so far as the other members in his branch are concerned.' This view has been adopted in Appeal Suit No. 59 of 1905. All that these cases can be said to decide is that the mere circumstance of such a gift without more is insufficient to create a tavashi Tarwad. But where, as in this case, there is the gift of property, enjoyment by the tavashi for more than eighty years and separate living by the members of the branch, we are not prepared to say that the Court below were not justified in coming to the conclusion that the branch Constituted & tavashi tarwad. But whether this view is correct or not, the question is whether property acquired by the manager of the branch, who is only an anandravan of the whole tarwad, when there is no evidence as to the source out of which the property was acquired, is to be deemed the property of the the Tarwad or of the branch. It is admitted that Ukkaran Nair, who was the manager of the branch and an anandravan of the entire Tarwad at the time acquired the kanom interest under Exhibits A and B. It is a well-recognised principle of Hindu law, 'that if nothing appears upon the case except that a member of a joint family is in possession of property and he alleges that it is his own self-acquisition, he is alleging an exception to the general rule and it lies upon him to prove the exception.' See Mayne, paragraph 289. This rule is applicable to acquisition by anandravans in Malabar families and has been so applied. In Vira Rajan v. Valiakami of Padia Kovilangam, Calicut 3 M.k 141 at p. 145, it was stated: 'it lay on the 1st appellant, who being a member of the Kovilangam is found in possession of property, to prove a separate title to it.' Sea also Second Appeal No. 973 of 1883 and Second Appeal No. 1153 of 1888. There is no evidence worth that name that Ukkaran Nair had separate property of his own from which the kanom, could have been acquired. It remains then to consider whether the acquisition by Ukkaran Nair was for the plaintiff branch and out of its funds or for the Tarwad. Self-acquisition being out of the way, we think the Courts below were justified in finding that the property belonged to the branch of which Ukkaran Nair was manager and whose funds he handled. It is unnecessary to lay it down as a broad proposition of law that every acquisition by the manager of the branch, even though, it has not become a tavashi tarwad, is to be presumed to be the property of the branch. The fact that Ukkaram Nair was only an anandravan of the Tarwad and was at the time of the acquisition in possession of the funds of the branch, but none of his own, is sufficient to justify the finding of the Courts below that it was made but of the funds of the plaintiffs' branch.

2. The second appeal fails and is dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //