AYYAPPAN GOVINDA PILLAI Vs. NARAYANI AMMA CHELLAMMA

JUDGEMENT

(1.) This is an appeal by the 7th plaintiff in OS 101 of 1096 District Court, Alleppey against an order passed by the learned Subordinate Judge, Vaikom, in execution proceedings. The dispute relates to the conflicting title to the suit property set up by the 4th defendant as purchaser of the property in execution of the decree in OS 1175 of 1099 District Munsiff's Court Vaikom and the 7th plaintiff as purchaser in execution of the decree in OS 101/1096 District Court, Alleppey. The facts necessary for disposal of this appeal are as follows :-

(2.) The plaintiffs and defendants 1 to 4 in the suit in the District Court are members of a Marumakkathayam Tarwad known as Chittayil Thanezhathu Tarwad. According to an Udambadi of 1080, the Tarwad appears to have divided into two branches comprising of plaintiffs and the 1st and 2nd defendants known as the Thanezhathu Branch and of the defendants 3 to 5 as the Thalapally Branch. There is no dispute that the 1st defendant was the Karnavan of the sub tarwad consisting of the plaintiffs and defendants 1 and 2.

(3.) In this suit, the 1st defendant contended that this item No. 58 was the self acquisition of himself and the 2nd defendant and that both of them are exclusively entitled to the said property. There were other contentions raised by defendants 1 and 2 in the said suit regarding the nature of the other properties and it is not necessary to deal with them for the purpose of this appeal.