K P P MAYANKUTTI Vs. KPPKATHIRI

JUDGEMENT

(1.) The first point raised in this Second Appeal is that the suit is maintainable. The Subordinate Judge held that the suit as laid was not maintainable. The plaintiffs did not sue for maintenance for the whole tavazhi. The plaintiff's suit as laid was for maintenance only for Certain members of the tavazhi on the ground that the tarwad had acquired some additional property after the karar, Ex. A, was entered into. It was held in Mahki Koyi V/s. Keloth Mammod (1906) 16 M.L.J. 275, that, in order to sustain a suit of this nature, all the members of the tavazhi should sue for maintenance.

(2.) The learned Judges distinctly say a suit can be brought by the members for an increased allotment of lands on the property, or for a money allowance. Here, the suit not being on behalf of all the members of the tavazhi, the Subordinate Judge rightly held that the suit was not maintainable. It is urged by the vakil lot the appellants that Mahki Koyi V/s. Keloth Mammod (1906) 16 M.L.J. 275, has been wrongly decided. I am unable to accept this contention. Sitting as a single Judge, the judgment of a Bench is binding on me. Even if I am prepared to listen to that, argument, I do not think that the case has been wrongly decided. In a Malabar tarwad, a member is entitled to be maintained out of its income but he is not entitled to a specific share of the income. The karnavan is entitled to use the income in any way he likes and no member is entitled to ask for an account, provided, of course, the karnavan does not misuse the income or refuse to maintain any member of the family. Here, under Ex. A, certain properties were allotted to the plaintiff's tavazhi and some other properties were allotted to the maintenance of some other tavazhi. So long as the karar is in force, it is not open to the plaintiffs to come forward and say that they should be given maintenance, out of some property which was not the subject of the karar.

(3.) Then the argument is advanced that the property which is acquired by one of the members of a tavazhi ought to enure for the benefit of both the tavazhis. Para. 12 of the karar is against such a contention. It distinctly stipulates that the property of any member should lapse to the tarwad. Therefore, this contention is also untenable.