CHANDRASEKHARAN NAIR Vs. KRISHNAN NAIR

JUDGEMENT

(1.) These appeals have arisen respectively in O. S. Nos. 236 of 1953 and 171 of 1957 on the file of the Munsiff, Muvattupuzha. It is conceded by both sides that the 1st defendant in O. S. No. 236 who is the karnavan of the branch of the defendants (in both suits) is not interested in the properties involved in these suits and as such may be left out of reference here. The other defendants in O. S. No. 236 are defendants in O. S. No. 171 also. The plaintiff in O. S. No. 236 is the 2nd plaintiff in O. S. No. 171, the 1st plaintiff in the latter suit being the husband of Rugmini Amma whose heir ship is the issue in these cases. As the two suits have been tried together and the main judgment is delivered in O. S. No. 236 of 1953, it is convenient to name the parties by their position in that suit, which will be done herein below. The Ist plaintiff in O. S. No. 171 who is not a party to O. S. No. 236 will be referred to in his judgment by this name "Suriamangalath Parameswaran Nair".

(2.) The properties involved in these two suits belonged to Rugmini Amma, who died on 22-8-1128 (April 4, 1953). Suriamangalath Parameswaran Nair had married her on 13-9-1122, and would be her sole heir if she died intestate, under S.1.9 of the Travancore Nayar Act, II of 1100. On June 8, 1953, he sold (vide Ext. B) one of the properties inherited from her to the plaintiff. As the latter was obstructed by the defendants from taking possession of the property, he instituted O. S. No. 236 of 1953 for a declaration of his title to the property and for an injunction to restrain the defendants from interfering with his enjoyment thereof.

(3.) In H. Venkatachala Iyengar v. B. N. Thimmajama AIR 1959 SC 443 Gajendragadkar J. (as he then was), speaking for a unanimous Bench of the Supreme Court, observed: