LAWS(PVC)-1920-12-12

MUTTUVAYA ALIAS MANGALASSERI ALIAS NARIKKUNI EDAMANA ILLATH VISHNU NAMBUDRI, MANAGER OF THE ILLAM ANDD ORS Vs. CHALORA ILLATH SANKARAN NAMBUDIRIPAD

Decided On December 16, 1920
MUTTUVAYA ALIAS MANGALASSERI ALIAS NARIKKUNI EDAMANA ILLATH VISHNU NAMBUDRI, MANAGER OF THE ILLAM Appellant
V/S
CHALORA ILLATH SANKARAN NAMBUDIRIPAD Respondents

JUDGEMENT

(1.) These are appeals from a decree of the Temporary Subordinate Judge of Tellicherry. The suit was brought by four co-Uralars of a Malabar Desvaswom against the 5th co-Uralar, who has since died after the decree in the first Court and in whose place the present respondent, who succeeded him as Karnavan of the Tarwad, has been brought on record.

(2.) This is a very old Devaswom and during the troubles in Tippu s time four of the Uralars fled to Travancore and the fifth remained behind and looked after the Devaswom. But when the others same bask he was considered to have, to some extent, lost caste by the others. On the other hand, the Devaswom was greatly indebted to him. There were disputes existing from a long time as to what his position was exactly to be in view of the great services he had rendered and as to the moneys due by the Devaswom to him. After some litigation these questions were at length settled by the Karar, Exhibit IV this case, in 1859, and the present suit was brought for the enforcement of that Karar against thedefendant, who represented the branch that remained in Malabar when the others fled to Travancore.

(3.) Prior to this suit there was another suit. That was Original Suit No. 324 of 1899 in the Court of the District Munsif of Quilandy for a similar relief by the predecessors of the present plaintiffs against the predecessor of the respondent, and a decree was passed declaring "that the defendant shall not alone manage the affairs of the Devaswom and directing the defendant no longer to manage the said affairs alone," and directing the defendant to pay Rs. 876 to the plaintiffs in settlement of all accounts. On appeal to this Court this degree was only modified in so far as it directed that this amount should be handed over to the other Uralars, the modification being that the then defendant should hold the sum of Rs. 876 in trust far the Devaswom until a Samudayi or managing agent was appointed pursuant to the terms of the Karar.