PARU AMMA; NARAYANA MENON Vs. ITTICHERI AMMA

JUDGEMENT

(1.) I have had the advantage of perusing the judgment which my brother is about to deliver, and as I entirely agree with it, no useful purpose would be served by my going over the same ground twice. I have considered very carefully the Full Bench decisions in Kunhacha Umma v. Kutti Mammi Hajee 16 M. 201; 2 M.L.J. 226 and Chakkara Kannan v. Varayalankandi Kunhi Pokker 30 Ind. Cas. 755; 29 M.L.J. 481; (1915) M.W.N. 740; 18 M.L.T. 255 (F.B.) and I have come to the conclusion that the principles of construction they lay down do not compel me to treat Exhibit IV as being other than what it purports to be on the face of it, a devise of an absolute estate to the 1st defendant. Its language is to me quite inconsistent with its being intended as a putravakanam gift. The argument that the donee s position as manager of a tavazhi raises a presumption that the intention was to benefit the tavazhi, loses all its force from the fact that it is not contended that the gift was to the whole tavazhi of which he was the manager, but only to the sub-tavazhi constituted by the present appellants.

(2.) The other issues in the case raise questions of fact only and as we are concurring in the findings of the learned Subordinate Judge, I do not think it necessary to add anything to my brother s observations. The decree will be amended as set out in his judgment; and each party will bear their own costs throughout. The memorandum of objections is dismissed. Srinivasa Aiyangar, J.

(3.) These are appeals against a decree of the Subordinate Judge of Palghat by which he declared that the 1st defendant was not the absolute owner of the suit properties, that the discharge of the kanom on them pleaded by him was not true or valid and that the sale by the 1st defendant in favour of the 19th defendant was not binding on the plaintiffs; he also gave the necessary consequential reliefs. Plaintiffs and defendants Nos. 1 to 6 and 8 to 12 are some of them the children others the grandchildren of the 7th defend ant and they constitute a sub- tavazhi. Defendants Nos. 13, 14 and 16 to 18 are some of them the children and others the grandchildren of the 15th defendant, the elder sister of the 7th defendant. Plaintiffs and defendants Nos. 1 to 18 constitute a tavazhi or a branch which, along with two other branches, forms a main tarwad. The suit properties originally belonged to the tarwad of one Panamballi Achan, the husband of the 7th defendant and the father of the 1st plaintiff and defendants Nos. 2 to 6; he granted a kanom on the suit properties for a sum of Rs. 3,000 on the 12th June 1887 to the tavazhi, Exhibit Ia; the Kanom-deed was, however, executed in the names of the first, second, third, fourth, fifth and the thirteenth defendants (the then existing male members of the tawazhi), who were all minors, and the 7th and 15th defendants. By that deed Panamballi Achan acknowledged receipt of Rs. 2,400 from the tavazhi and reserved a sum of Rs. 600 to be paid to one Krishnan Pattar, the previous mortgagee. The 1st defendant, who is the eldest male member of the family, attained majority in 1889 and from that time was in possession and management of the suit properties as karnavan or manager of the tavazhi. There was some question raised as to whether the 7th and 15th defendants were not the actual managers of the tavazhi, though the 1st defendant, the senior male, was the de jure manager. But the Exhibits B and C series conclusively show that the 1st defendant as the manager was in possession and management of the only immoveable property which the tavazhi possessed, namely, the kanom right in the suit properties under Exhibit Ia. It appears that in execution of a decree against the taru ad of Panamballi Achan, some of the properties belonging to that tarwad were brought to sale and purchased in the year 1893 by the 1st defendant. We have held in Appeal No. 132 of 1914 heard along with these appeals that the purchase was made with funds supplied by Panamballi Achan himself and that it enured for the benefit of the sub-tavazhi constituted by the wife and children of Panamballi Achan and not solely to the 1st defendant personally.