E.K. KRISHNA VARMA RAJA ALIAS KUNJAMBU THAMPURAN Vs. E.K. RAMA VARMA RAJA, ALIAS APPU THAMPURAN, THE VALIYA RAJA OF KADATHANAD, PUTHENKOVILAKAM, PURAMERI

JUDGEMENT

(1.) We do not propose to adjourn this Appeal Suit any further to verify as to whether any of the 163 respondents are dead as the case has been pending for over 22 years. Suffice it to say that a battery of lawyers are before us representing the various branches of the family and therefore there is substantial representation for the estate. The Appeal Suit arises out of the final decree in a suit for partition of the property belonging to Kuttipuram Swaroopam comprising of Edavathu Kovilakam and Ayanchery Kovilakam. (The Code of Civil Procedure, 1908 is referred to as 'CPC' and the Kerala Education Rules, 1959 is referred to as 'KER' in this judgment for brevity.)

(2.) O.S.No.1 of 1964 on the file of the Court of the Subordinate Judge of Vadakara is a suit for partition of property wherein a preliminary decree was passed as early as on 11.8.1967. The preliminary decree was passed on consent on the basis of Ext.C1 compromise entered into between the parties followed by the impugned final decree on contest. Most of the property belonging to the Swaroopam vested with the Government under the provisions of the Kerala Land Reforms Act, 1963. The dispute however survives in regard to the Kadathanad Rajas High School ('the School' for short) which is an aided school governed by the provisions of KER. The preliminary decree declared the shares of the members of the Swaroopam and also provided for the management of the School wherein the staff strength exceeds 40 in number.

(3.) Ext.C1 compromise stipulates that the Valiya Rajah (Sthanamdar) shall be the Manager of the School which is to be administered in accordance with KER and the wishes of the School Committee. The Committee shall comprise of the Valiya Rajah, Elaya Rajah, Head Master (Ex-officio) and one member each from Edavathu and Ayanchery Kovilakam. Ext.C1 compromise also speaks about the constitution of a Trust for the upliftment of the School though there is no mention about the constituent members. The court below has passed a final decree at the instance of defendant No.68 whereby a Scheme has been framed for the management of the School. This Appeal Suit filed by the numerous defendants concerns only the management of the School and none of the parties have sought its division by metes and bounds.