MONTHRAMPALLIPADIPURA ATTAKOYA Vs. NEELATHUPURA KUNHISEETHIKOYA THANGAL

JUDGEMENT

(1.) Petitioner moved E.A. No. 2/77 in E.P. No. 13(69 in O. S. No. 2-64 on the file of the Munsiff Court, Androth for restitution of the properties delivered over to the respondents as per the order passed by the learned Munsiff which was set aside by this Court and affirmed by the decision of the Supreme Court. Learned Munsiff by the impugned order, rejected that prayer. Hence this revision petition.

(2.) Facts necessary for the disposal of this revision petition are as follows: Petitioner and one Muthukoya Thangal, predecessor in interest of the respondents, belonged to a common tarwad by name Biyyamade tarwad. It consisted of three tavazhies. One tavazhi, viz., Biyyamada tavazhy became extinct long ago. Petitioner belongs to Monthrappally Padipura tavazhy. Muthukoya Thangal, the predecessor in interest of the respondents, was the sole surviving member of the third branch, Pokkerkathiyammada tavazhy. Pro- perties belonging to common tarwad, were allotted to two tavazhies, subject to the stipulation that in case of one branch becoming extinct, property of that branch will revert to the other branch. It was also provided that it shall not be competent for the members of either branch to transfer the properties by way of sale, gift or even by mortgage. After the said partition on 27-7-1960, Muthukoya Thangal executed a gift deed in favour of the respondents herein in relation to 13 items of properties. Petitioner herein questioned that gift deed by filing O. S. No. 6/62 in the Amin's Court and prayed for a declaration that the gift deed is void. Suit was subsequently transferred to the Administrator's Court in accordance with the provisions in the Laccadive Islands and Minicoy Regulation, 1912. On 18-9-1962, the Administrator decreed the suit. That decree was quashed by this Court in O.P. No. 29/63 filed by Muthukoya Thangal. This Court remanded the matter for fresh trial. Suit, on remand, was renumbered as O. S. No. 2/64 on the file of the Administrator's Court. While that suit was pending trial, Muthukoya Thangal passed away on 1-4-1965. Administrator decreed the suit on 4-4-1965 and declared the gift executed by Muthukoya Thangal as invalid. That decision of the Administrator was challenged before this Court by the respondents herein in O.P. No. 1613/65. A learned single Judge, on 1-11-1966, dismissed the Original Petition as not maintainable. Respondents herein took up the matter in appeal before Division Bench. Division Bench dismissed the same. Thereupon, respondents herein flied C.M.A. No. 150/67 before this Court. A Division Bench of this Court set aside the decision of the Administrator and remanded the matter, to the Subordinate Judge's Court, Kavarathi for fresh trial in terms of the provisions contained in Section 25(2) of Regulation 9 of 1965. Subordinate Judge dismissed the suit. That was challenged before this Court in C.M.A. No. 66/70. This Court, by judgment dated 3-11-1971, dismissed that C.M.A. That decision has become final.

(3.) Muthukoya Thangal executed an unregistered gift deed dated 14-3-1964 in respect of another 20 items of properties in favour of the respondents herein. Those items of properties were not the subject matter of O.S. 2/64. In respect of those items of properties, after the death of Muthukoya Thangal, Tahsildar took the view that there is scramble for possession and so they should be taken into Government custody. Accordingly, the remaining 20 items of properties dealt with by Muthukoya Thangal in the unregistered gift dated of 14-3-64, were taken into Government custody.