EASWARAN EMBRAN Vs. KRISHNAN EMBRAN

JUDGEMENT

(1.) This is an appeal by the 9th defendant against the decree of the learned District Judge of Alleppey, setting aside an alienation in his favour evidenced by Ext. XVI dated 20-6-1113. The findings of the learned Judge about the document being supported by consideration and tarwad necessity are in favour of the appellant; but the transaction has been set aside by the learned District Judge on the ground that the provisions of the Travancore Malayala Brahmin Regulation, S.6 will apply. The further reasoning of the learned Judge is that inasmuch as one of the major members of the illom at that time, namely, the 4th defendant, having admittedly not joined in the transaction, the latter is hit by the provisions of S.5 and in this view the learned Judge has set aside the transaction as not binding on the plaintiffs illom.

(2.) The circumstances under which this litigation arose can be briefly stated. The three plaintiffs, defendants 1 to 3, & 5 to 7 claim to be members of a Malayala Brahmin family. It is also stated that plaintiffs and defendants 1 to 3 are the children of one Madhavan and formed one sakha. The 4th defendant is the wife of the first defendant and the plaintiffs are the children of the 4th defendant. Defendants 5 to 7 are the brothers of the deceased Madhavan.

(3.) The plaintiffs challenge certain other transactions also; but I am concerned in this appeal only with the transaction evidenced by Ext. XVI dated 20-6-1113, executed in favour of the 9th defendant, by defendants 1 to 3 and 5 to 7. That is the transaction that has been set aside. According to the plaintiffs, the suit property is also the self acquisition of their grand father, namely, deceased Madhavan, and as such defendants 5 to 7 have absolutely no rights to deal with the property. There were, no doubt various allegations about the passing of consideration as also the transaction being supported by tarwad necessity. In the plaint, the various plaintiffs claimed to be Malayala Brahmin Embrans. More than this, there was no other reference as to what exactly is the law by which they are governed.