THATTALIYATH PANCHALI Vs. CHERUVARI PANNIYODAN MANNI

JUDGEMENT

(1.) The petitioners in O. P. No. 52 of 1957 of the Court of the Munsiff of Tellicherry the appellants in A. S. No. 134 of 1959 of the Court of the Subordinate Judge of Tellicherry are the petitioners in this Civil Revision Petition. Their prayer, negatived by both the courts below, was for redelivery of property under S.5(2) of Madras Act, No. 22 of 1956.

(2.) Sub-s.(4) of S.5 of the Act provides that nothing contained in that section shall affect the rights of any bona fide transferee from the landlord. The sole question for determination in this case is whether a member of a marumakkathayam tarwad obtaining property in family partition can be considered to be a transferee within the meaning of sub-s.(4) of S.5. It is common ground that if he can be so considered, the decision of the courts below has to be affirmed and that if he cannot be so considered, the decision of the courts below has to be reversed and this petition allowed.

(3.) According to S.5 of the T. P. Act, 1882, "transfer of property" means --