THANKAPPAN Vs. MUKUNDAN UNNI

JUDGEMENT

(1.) DEFENDANTS 1 and 3 in O.S.No.698 of 1967 of the Munsiff's Court,Shertallay,are the appellants.The suit was for cancellation of Ext.D -2 settlement deed and for recovery of possession of the properties.The plaint aver­ments,in short,are as follows:Plaintiff and the defendants belonged to the same tarwad.At the relevant time,the 6th defendant was the karnavan.6th defendant had a brother Padmanabhan Unni by name and a sister Ammukutty Amma.They were the children of one Kochukuttan Unni.Ammukutty Amma had two children,a son Krishnan Unni and a daughter Kavukutty Amma.The plaintiff and Manian(the deceased)were the sons of Kavukutty Amma.The first defendant is the widow of Padmanabhan Unni and defendants 2 to 5 are his children.

(2.) THE properties in question belonged to deceased Padmanabhan Unni,on whose death the same vested in his tarwad.6th defendant,Parameswaran Unni,executed a settlement deed Ext.D -2 dated 6th Chingam 1123 in favour of the first defendant.It is this settlement deed which is impugned in this suit as being invalid,not supported by consideration and tarwad necessity.It is also contended that it is beyond the authority of the 6th defendant.

(3.) THE trial court dismissed the suit accepting the plea of limitation,since the plaintiff was born after the impugned alienation.The other issues were found in favour of the plaintiff.The plaintiff filed an appeal.The appellate court reversed the finding on the question of limitation and decreed the suit.This second appeal challenges the above judgment and decree of the appellate court.