MACHINGAL POTTE VEETU ALIAS THAKKE VEETTIL SEETHA NEITHYAR Vs. MACHINGAL POTTE VEETU ALIAS PATINHARA VEETTIL KARNAVAN KELU MENON

JUDGEMENT

(1.) Plaintiffs 1 to 4 and defendants 28 to 43 are the appellants. The second appeal arises out of a suite instituted by the plaintiffs to recover arrears of maintenance.

(2.) Seetha and Pattu were two members of a tarwad called the Machingal Pottai Veettu tarwad. The second defendant is the son of Pattu. In 1866-67 Valia Parvathi and Kunju Menon (a female and a male), two children of Seetha, were adopted by Pangi Menon Kandi Achan who was the sole remaining member in his tarwad known as Tekkai Veettu tarwad. The plaintiffs in the present suit are the descendants of Valia Parvathi through her daughter Seetha (see the Genealogical tree given in paragraph 9 of the Munsiffs judgment). The suit properties cover 20 items. Of these, items 1 to 12 are Putravakasam properties granted to Seetha, the mother of Valia Parvathi, by her husband Chathu Achan who ultimately became the Palghat Raja, items 14 to 20 belong to the Pottai Veettu tarwad. Admittedly the plaintiffs are members of the Tekkai Veettu tarwad. They, however, claim maintenance from the defendants, who are members of the Pottai Veettu tarwad on the ground that Valia Parvathi, their ancestors, though given in adoption to the Tekkai Veettu tarwad, continued to retain her original status as a member of the Pottai Veettu tarwad. They contended that in spite of the adoption the adoptees still remained members of their original family. They also contended that the adoptees and their descendants acquired, apart from status, right to the properties of Pottai Veettu tarwad on pleas such as estoppel and prescription. This latter contention was raised in issues 11 and 13 which are as follows: 11. Have the adoptees or their descendants acquired apart from status any right to the properties of Pottai Veettu? 13. Can aright to maintenance be acquired by prescription and have the adoptees and their descendants Acquired such a right to the properties of Pottai Veettu?

(3.) They also raised various other contentions which need not be considered for the purposes of this second appeal.