T.K. BALAKRISHNAN NAIR, S/O. A.S. MENON, RESIDING AT VAZHAKKALA HOUSE, BILATHIKKULAM, KACHERI AMSOM, DESOM, KOZHIKODE DISTRICT Vs. THALANUR THODUKAYIL ABOOBACKER, S/O USMAN, PANNIANKARA AMSOM, DESOM, KOZHIKODE TALUK

JUDGEMENT

(1.) All these review petitions are filed by T.K.Balakrishnan Nair, who was the appellant in A.S.No.344/2001, A.S.No.197/2002 and A.S.No.198/2002. All these appeals were originally dismissed by this Court by a common judgment dated 03/09/2015. To consider the review petitions, a brief reference to the facts led to the filing of the said review petitions are also necessary.

(2.) Late Chandunny Nair, who was the Karanavar of the Thekkekalathil tharawad acquired properties during his life time and executed a will on 28.03.1911, which was originally deposited in the sub registrar office and after his death registered as document No.20/31 of SRO, Kozhikode. He also executed a codicil by which some modifications are made. After the death of the said Chandunny Nair, the properties were devolved upon the beneficiaries. There was a stipulation inhibiting alienation of the properties and permitting utilization only for collecting rent by way of Pattam. If necessity arises, it can be sold or transferred jointly by the male and female members of the beneficiaries together and if any transactions are effected in violation of the same, it will be invalid and persons who do not join can seek for setting aside the same. Thereafter the beneficiaries executed a "Kshemakarar " for proper management of the properties by document No.14606/1948 dated 25.06.1948. While executing the same, B schedule properties which are the subject matter of the litigation on hand was kept in common. Thereafter excluding the above said B schedule properties, all other properties pertaining to the earlier said "Kshemakarar " were partitioned as per a registered partition deed dated 19.11.1949. As per the said partition deed, all the executants were given full enjoyment of the power of alienation. The review petitioner herein is also a party to the above referred partition deed. His case is that he was in America till Aug. 1995.

(3.) O.S.No.70/1997 was a suit filed by the review petitioner herein, wherein the main relief sought for was recovery of property on the strength of title and the said suit was dismissed by a common judgment by the lower court.