N T V THUNGA Vs. NANIKUTTY AMMA

JUDGEMENT

(1.) This appeal is against the decree of the Subordinate Judge of Palghat in a suit brought by the plaintiffs to recover possession of four items of immovable properties mentioned in Schedule A to the plaint and certain moveables mentioned in Schedule B from Defendants Nos. 1 to 5. The other defendants are representatives of certain tavazhis which the plaintiffs allege are the branches of their main Neithalath tarwad.

(2.) Defendants Nos. 1 to 5 claim the properties under a Will executed by one Raman Kutti Menon the last surviving member of Odavazhiveetu tavazhi. It is a registered Will which includes all the suit properties and being registered its genuineness is not disputed.

(3.) The plaintiffs contend that the Will is not valid as Raman Kutti Menon was not competent to will away the suit properties as he was a member of the Neithalath tarwad which had a right over those properties. They contend that the plaint mentioned items are joint properties and the tarwad had the right, therefore, of succession to them and that such a right would override any power of disposition by Will of Raman Kutti Menon.