KOROTH AMMAN KUTTI Vs. PERUNGOTTIL APPU NAMBIAR

JUDGEMENT

(1.) In this case one Unichira and her three sons obtained certain lands on gift. After the death of one of the sons Koram Nambiar, a decree was obtained against one of the surviving sons to pay the debt out of the assets of the deceased. The decree-holder now seeks to execute his decree by attachment of the share of Koram Nambiar in the properties above referred to.

(2.) The District Judge has held that Unichira and her sons formed a separate Tarward by reason of their having obtained these properties on gift and therefore Koram Nambiar had no interest available for attachment and sale.

(3.) We are unable to agree with the District Judge in his view that when a female and some of or all her children obtain any property from their father or Karnavan as in this case, they are thereby constituted into a Tarward by themselves, the senior member among them having the ordinary rights of the Karnavan of a Malabar Tarward so far as the other members in his branch are concerned.