KESAVAN NAMBOORI Vs. SUBHADRA

JUDGEMENT

(1.) These two appeals arise out of the judgment and decree in O.S. 92 of 1122 on the file of the District Court of Mavelikara. That was a suit filed by a junior member of a Nambudiri Illom to set aside various alienations made by the seniors while yet the plaintiff was a minor. The court below after elaborate trial dismissed the suit except in regard to the prayer for setting aside Ext. XIX sale deed as regards item 1 in favour of the 6th defendants father. A S. 584 of 1952 is by the 6th defendant for upholding Ext. XIX while A. S.551 of 1954 is by the plaintiff with regard to his prayers disallowed. We will first take up the plaintiffs appeal.

(2.) This appeal by the plaintiff seeks once again to raise the validity of Ext. IX and Ext. XVI sales by the adult members of the Illom and also of the decree in Ext. II suit and the court sale thereon obtained against those members. We will take them up one by one.

(3.) First as regards Ext. IX sale deed. This sale was executed on 15-6-1103 by the plaintiffs father and another, viz. the defendants 1 and 2 and also his stepmother Subadra Antharjanam deceased, comprising all the adult members of the illom at that time. It was in favour of the defendants 10 and 11 and in respect of items 2 and 3 of the plaint schedule. The consideration for Ext. IX is Rs. 2066-10-0 and is made up of recitals of a hypothecation and pronote debts, some of which were incurred even before plaintiff was born. The 10th defendant has examined himself as Dw. 7 to prove the binding nature of these debts and the payments thereof. The court below has, on analysis of the evidence, found Ext. IX to be supported by consideration and necessity and upheld it. We have not been shown any reason to differ from that finding. We therefore affirm it.