SANKUNNY SANTHA KUMAR Vs. LEKSHMY AMMA BHARGAVI AMMA
HIGH COURT OF KERALA
SANKUNNY SANTHA KUMAR
LEKSHMY AMMA BHARGAVI AMMA
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(1.) This appeal is by the plaintiff from the decision of this Court in S. A. No. 856 of 1960. By that decision the decree granted by the Trial Court and confirmed by the first appellate court has been reversed and the suit dismissed.
(2.) The short question arising for determination is whether the decree in O.S. No. 1068 of 1121 of the Sherthallai Munsiff's Court passed on 16-6-1124 is binding on the Tarwad of the plaintiff appellant. This question, it is admitted must be answered with reference to S.27 of the Ezhava Act 3 of 1100. That Section is in these terms:
"27. No decree shall bind a Tarwad, unless it is obtained against the Karanavan as such and the senior. Anandaravan of his Thavazhee and of every Thavazhee collateral to the same, if any."
(3.) On the date of the decree in O. S.1068 of 1121 i.e., on 16-6-1124, the plaintiff was a major and was the eldest male member of his tarwad, is not disputed. That he was not a party in O. S.1068 of 1121 is also not disputed. The second defendant in these proceedings (the mother of the plaintiff) was the first defendant in O. S.1068 of'1121 and she is the oldest adult member in the tarwad. She was therefore the karanavathi before plaintiff attained majority and the suit O. S.1068 of 1121 was instituted therefore properly. Even so the question arises whether on the plaintiff attaining majority it was necessary to bring him on the party array and obtain a decree against him as envisaged by S.27 in order that the decree may be binding on the tarwad.;
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