C. T. Radhakrishnan vs C. T. Viswanathan Nair

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2006 Supreme(SC) 40

C. T. Radhakrishnan – Appellant
Versus
C. T. Viswanathan Nair – Respondent

Judgment

P.K. Balasubramanyan, J.—1. The parties to these appeals belong to Chokkura Thaliyadath tarwad, a hindu family governed by Marumakkathayam system of law as modified by the Madras Marumakkathayam Act, 1932. They belong to the thavazhi of Cheriyammu Amma. Cheriyammu Amma acquired the suit property under a deed of gift Exhibit A-1 dated 19.6.1905. On the death of Cheriyammu Amma, the property devolved on her thavazhi, consisting of her two daughters, Ammini Amma and Kunhimalu Amma and two sons Appu Nair and Gopalan Nair. Appu Nair and Gopalan Nair having died, the property devolved on the thavazhi consisting of Ammini Amma and her son and Kunhimalu Amma and her children, of whom four survived. Ammini Amma died in the year 1944. On 19.9.1954, under Exhibit-B-9, Kunhimalu Amma acting for self and as guardian of her two minor sons, Narayanan Kutty and Radhakrishnan and her two major sons, Balagopalan Nair and Somasundaran Nair, surrendered, released or sold (this is one of the disputes in the litigation) the property to Viswanathan Nair, the son of Ammini Amma. Pursuant to Exhibit-B-9, the patta was changed to his name and the municipal assessment for the property was also made o

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