UMMANGA Vs. RAMAKRISHNA PATTER S SON APPADORAI PATTER

JUDGEMENT

(1.) The plaintiff seeks to sell certain lands in execution of a decree ho has obtained against the first defendant as the property of his judgment-debtor; the defendants contend that the first 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 first defendant's Tarwad as benamidar with the money paid to him by Parwathy, the mother of the first defendant. The Karnavan with the junior members assigned their interest to Parwathy and her son the first defendant (exhibit I). Parwathy is dead--and the question for decision is as to the interest of the first defendant in the property.

(3.) It is contended by the defendants that the property belongs to the Tavazbi of the deceased Parwathy, 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 Parwathy and her sons were joint tenants and on Parwathy's death the first defendant became sole owner.