NARAYANAN NAIR GOVINDAN NAIR Vs. KARAYANAN NAIR NARYANAN NAIR AND ORS.

JUDGEMENT

(1.) THIS is a Plaintiff's appeal, his suit O.S. No. 6 of 1110 filed in forma pauperis on 20 -10 -1105 having been dismissed by the District Judge of Kottayam by his judgment and decree dated 4 -11 -1946.

(2.) THE Plaintiff sought to set aside a deed of gift dated 1 -10 -1093 (Ex. XXX) granted by one ayyappan Narayanan in favour of his wife and children who are Defendants 7 to 15. The donees gave a possessory mortgage of the properties on 20 -10 -1096 (EX. VII) and afterwards on 22 -1 -1103 sold them to Defendant 6.

(3.) ANOTHER ground on which learned Counsel seeks to escape the operation of the earlier adjudications is that under law the presence on record of all the major members of the tarwad is necessary in order to confer jurisdiction upon Court to decide the status of the tarwad. Reliance is placed upon, 18 Trav LR 252 (B) and, 24 Trav LR 1 (C). In a later case of the same High Court reported in, 30 Trav LR 251 at p. 253 (D) referring to the aforesaid two earlier decisions the learned Judges say posting the question: