S SANKARAPPA GOUNDER Vs. K C GOPALAN

JUDGEMENT

(1.) These appeals arise out of O. S. 65 of 1956 on the file of the Subordinate Judge's Court. Ottapalam. The plaintiff, who filed the suit on 22-12-1956. was transposed as the 52nd defendant and the 18th defendant was transposed as the plaintiff by the order dated 8-6-1965 passed in I. A. 447 of 1965.

(2.) The suit as originally instituted, was for partition, and separate possession of the plaintiffs share in plaint B1 to F schedule items based on the1 Madras Marumakkathayam (Removal of Doubts) Act (Act 32 of 1955). The plaintiff and defendants 1 to 13 are members of Kunnathat Matambil Swaroopam known as Mannarshat Nair Veedu. It is an ancient chieftain family. There are two sthanams attached to that family which are held by the two seniormost male members of the family and known as Moopil Sthanam and Elaya Sthanam, the incumbents being known as Moopil Navar or Valiya Nayar end Elaya Nair. There are properties attached to the two sthanems. The seniormost female member of the family is called Amma Neithiar who used to manage the properties of the tarwad. It is admitted that the members of the family are governed by the Madras Marumakkathayam Act, 1932 and the Madras Marumakkathayam (Removal of Doubts) Act of 1955 (Madras Act 32 of 1955). The properties belonging to the tarwad of the parties have been partitioned in O. S. 51 of 1944 on the file of the Sub Court. Ottapalam. The plaint B schedule consists of immovable properties attached to the Moopil sthanam. The movables belonging to the Moopil sthanam are comprised in plaint D schedule. The amounts lying to the credit of Moopil sthanam in the Land Acquisition proceedings pending in the Sub Court. Palghat are comprised in the plaint F schedule. The holder of the Moopil stahnam on the date of the institution of the suit was the first defendant.

(3.) C schedule immovable properties are attached to the Elaya sthanam and the movables belonging to the Elaya sthanam are shown in plaint E schedule. The Elava sthanee on the date of suit is the second defendant.