MAYA ANTHARJANAM Vs. NARAYANA PILLAI

JUDGEMENT

(1.) The defendant is the appellant. The subject matter of dispute in the suit is three cents of paddy land comprised in S. No. 508/6B, which belonged to Vaikkathazhikathu tarwad. In Ext. P18 dated 5-9-1101, the partition which was effected among the members of the tarwad, the plaint property was allotted to the thavazhi of Kochali Amma Chirutha Amma. The appellant I filed O. S. No. 1236 of 1110 for recovery of jenmi's dues on the plaint property. Ext. P17 is the decree obtained by the appellant. In execution of the decree, the appellant purchased the property in court auction on 12-10-1124.

(2.) The respondent instituted the suit to declare that Ext. P17 decree and execution proceedings including the court sale are not binding on the plaint property and for consequential reliefs. The suit was dismissed by the Trial Court. But on appeal, the suit was decreed.

(3.) The learned advocate for the appellant contended that the respondent being a stranger to the tarwad was not competent to question Ext. P17 decree and that the suit is barred on account of S.47 of the C. P. C. The plaint property was allotted to the sakha of Kochali Amma Chirutha Amma under Ext. P18 partition deed. The appellant, when he instituted Ext. P17 suit, should have impleaded the karnavan and the senior anandhiravan of that sakha to comply with the provisions of S.31 of the Travancore Nayar Act, II of 1100. It was admitted that Kunju Pillai Narayana Pillai, the senior anandhiravan of the sakha, was not made a party with the result that there was no compliance with the provisions of S.31 of the Travancore Nayar Act in obtaining Ext. P17 decree. Under Ext. P1 dated 27-6-1113, the partition deed among the members of the sakha of Kochali Amma Chirutha Amma, the plaint property was allotted to Chirutha Amma Janaki Amma and her children. The respondent purchased the plaint property under the sale deed, Ext. P2, dated 17-2-1118 from the sharers to whom this property was allotted under Ext. P1. The respondent therefore is not a member of the tarwad, but is a vendee of the property from the members to whom this property was allotted under Ext. P1.