EACHARA MARAR Vs. DEVAKI AMMA

JUDGEMENT

(1.) In this appeal by the 1st defendant the only question is whether his emoluments for playing drums in a temple are to be divided among the members of his tarwad. The finding is that the service is attended to by the karnavan of the tarwad hereditarily. The plaintiffs claim the service as well as its emoluments to belong to the tarwad and partible as such. The Subordinate Judge, Mr. Madhava Menon, held "the emoluments belong to the persons who are performing the services and are not partible". The Additional District Judge Mr. Prabhakaran Nair has reversed him and held"...the right to perform the drumming service and to receive the remuneration therefor is one appertaining to the family of the parties, and since it involves a substantial income it could be treated as an asset belonging to the tarwad. The asset can be easily, partitioned among the various members or branches of the family on the basis of and with reference to the number of days of service. Service for a specific number of days in the year in proportion to the shares due to a particular branch can be allotted to that branch".

(2.) It is conceded that the emoluments - 160 parahs of paddy per annum and some cooked rice per diem - are earned as the service is performed and are paid in kind.

(3.) Under the Hindu Gains of Learning Act, 1930,