ACHUTHAN ALIAS KUTTAN NAIR Vs. ANANDAVALLI AMMA

JUDGEMENT

(1.) This is an appeal by defendants 1, 2, 4 and 6 against the decrees of both the subordinate courts decreeing the suit of the plaintiff for maintenance from Edavam 1123 M. E. to 28-8-1951.

(2.) The short point that arises for decision in this Second Appeal is as to whether the plaintiff can recover any arrears of maintenance, without taking any steps to challenge the partition deed, Ext. B1, dated 28-8-1951, in which, she, as minor, was represented by the Karnavan of the tarwad. In my opinion, the objection regarding the maintainability of the suit on this ground is to be accepted and the Second Appeal allowed.

(3.) The plaintiff filed the suit for recovery of arrears of maintenance from the first defendant personally and from the alleged tarwad properties of the minor plaintiff and defendants. In this litigation, the minor plaintiff is represented by next friend, her father. Plaintiff is the daughter of one Janaki Amma, who is the sister of defendants 1 to 4. According to the plaintiff, she and the defendants, are members of a Marumakkathayam tarwad and her mother died about 3 years after her birth. Ever since, she has been staying only in her own house with her father, and she has not received any maintenance from the tarwad. It is specifically stated in the plaint that, as and when a suit for partition is to be instituted by her, full particulars of the properties owned by the tarwad would be given.