T.L.VISWANATHA IYER
Bhallathiripad – Appellant
Versus
Tahsildar – Respondent
77.5 cents of land in Sy.Nos.688/1,2 of Elmkulam Village belonged to a joint family of the four petitioners and fifteen others, including some minors. The family got disrupted in status by virtue of the Kerala Joint Hindu Family System (Abolition) Act, 1975 (Act 30 of 1976). The parties orally partitioned the property thereafter by metes and bounds on 30-1-1983, which they recorded in a written instrument dated 24-12-1983, namely Ext. P1. This document contains details of the specific portions of the property allotted to each of the nineteen members in the oral partition.
2. The members of the family decided to put up a series of shop rooms in the property, for which they obtained a loan from the Nedungadi Bank Ltd., Ernakulam. Since there were minors among the parties, permission of the District Court, Ernakulam was sought for and obtained, for giving the property allotted to them as security to the Bank, as per petitions, Guardian O.P.Nos.133 to 136 of 1983. The building was put up with the fund so obtained from the Bank, and as per sanction accorded by the Corporation of Kochi. The Corporation has registered the shop rooms standing on the properly of each of the owner
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