KUTTASERI ERIAT GOVINDAN NAIR Vs. KUTTASERI ERIAT SANKARAN NAIR

JUDGEMENT

(1.) The suit is brought by the junior members of a Marumakkatayam tarwad against their Karnavan to recover arrears of maintenance. The Karnavan's defence is that the plaintiffs are already in possession of tarwad property which in the circumstances of the case is sufficient to satisfy their claim. To this it is replied that the property referred to does not belong to the tarwad. The decision of the question depends upon the rule of law applicable to the inheritance to the separate property of a member of a Malabar tarwad.

(2.) The properties are found by the lower app3llato Court to be the self- acquisition of two deceased members, Paru Amma and her son Krishnan Nair. It is contended for the appellant by Mr. Sundaro, Aiyar that on the death of Krishnan Nair, the survivor, they devolved exclusively on the 2nd defendant, the sole surviving descendant of Paru Amma; while Mr. Sabramania Sastri for the respondent urges that they lapsed on his death to of which the 1 defendant is the Karnvaan and the 2nd defendant is only one; of the junior members.

(3.) The reported cases undoubtedly support the contention advanced on behalf of the respond-eats and as we are urged to overrule them, it becomes necessary to review the rulings of this Court on that point.