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2005 Supreme(Ker) 60

V.RAMKUMAR
Palliyat Mariyomma – Appellant
Versus
Palliyat Kidave – Respondent


Judgment :-

The plaintiffs in O.S.1/84 on the file of the Sub Court, Lakshadweep are the appellants in this appeal. The said suit filed on 23-1-1984 and arising from Androth Island of Lakshadweep and was one for a declaration that Ext.B1 gift deed dated 3-8-1983 executed by Khadeesumma in respect of the plaint schedule properties which are tarwad properties (Velliazhcha) in favour of her children, defendants 1 to 6 is not binding on the plaintiffs or the Palliyath tarwad or the plaint schedule properties comprising of 6 items of immovable properties. The plaintiffs also prayed for a perpetual injunction restraining the defendants from further alienating the plaint schedule properties or changing their character or acting against the interests of the plaintiffs or the said tarwad.

2. The case of the plaintiffs can be summarized as follows:-

The plaintiffs are residing at Palliayath House bearing No.C3/73 in Androth Island. The plaint schedule properties are the Velliazhcha or tarward properties of the plaintiffs and the defendants. Khadeesumma the donor under Ext.B1 was the karanavathi of the said tarwad. As per the custom prevailing in the island the karanavathi has no right to alien





























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