UMMANGA Vs. APPADORAI PATTAR

JUDGEMENT

(1.) The plaintiff seeks to sell certain lands in execution of a decree he has obtained against the 1 defendant as the property of his judgment-debtor; the defendants contend that the 1st defendant has no interest therein liable to be attached and sold.

(2.) From Exhibit I, it appears that the property was originally purchased in the name of Nambi, the late Karnavan of the 1 defendant's Tarwad as benamidar with the money paid to him by Parvathi, the mother of the 1 defendent. The Karnavan with the junior members assigned their interest to Parvathi and her son the 1 defendant (Exhibit I) Parvathi is dead-- and the question for decision is as to the interest of the 1 defendant in the property.

(3.) It is contended by the defendants that the property belongs to the Tavazhi of the deceased Parvathi, as having been purchased for them (Exhibit I) and also on the ground that the members of the Tavazhi have been in adverse possession for more than 12 years before the institution of the suit. The plaintiff's case is that Parvathi and her sons were joint tenants and on Parvathi's death the 1 defendant became sole owner.