NARAYANAN NAMBOODIRI Vs. CHINNA

JUDGEMENT

(1.) Plaintiff is the appellant. The suit filed by him to set aside Ext.A-4 sale deed was dismissed by the Trial Court and it was confirmed by the District Judge.

(2.) As per Ext. A-1 partition deed of 1121 M.E. Kuttancherry Illom properties were partitioned into two thavazhies. One thavazhy was that of Manu Moosad and the second thavazhy was that of Uma Antharjanam and her son Aryan Moosad. As Manu Moosad and Aryan Moosad married outside their caste their children were not entitled to inheritance of illom properties. 6th defendant Aryan Namboodiri was adopted to the illom. 6th defendant married 7th defendant. Plaintiff and defendants 8 to 13 are their children.

(3.) In 1.123 M.E. Uma Antharjanam and Aryan Moosad executed Ext.A2 settlement deed conferring the right of management to defendants 6 and 7 over certain items of properties. As per the recitals in Ext.A-2 the property vested with defendants 6, 7 and children after the death of Uma Antharjanam and Aryan Moosad. Ext.A-2 contains a stipulation barring alienation by Uma Antharjanam and Aryan Moosad. Uma Antharjanam died on 14-7-1957. Aryan Moosad died on 28-5-1970.