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1976 Supreme(Ker) 96

V.BALAKRISHNA ERADI, CHANDRASEKHARA MENON
SANKARA PILLAI – Appellant
Versus
KESAVAN – Respondent


Judgment :-

1. The preliminary judgment and decree for partition and redemption of the plaintiff's 94/116 share in the plaint schedule property, passed by the trial court, in the suit giving rise to this second appeal, have been confirmed by the first appellate court. Out of the many grounds raised in the memorandum of appeal the one, which was stressed by the counsel for the appellants during the course of his arguments, relates to the question as to whether a member of a Marumakkathayam tarwad attains divided status, conferring en him an alienable and heritable share of the tarwad properties, on his issuing a notice to the karanavan of his fixed intention to separate from the rest of the tarwad, without issuing such notices to the other members of the tarwad. Considering the importance of the question of law involved, the learned judge before whom the second appeal came up in the first instance adjourned it for being heard by a Division Bench which, in its turn, has referred it to a Full Bench; that is how the matter ultimately came up for hearing before us.

2. The appellants are defendants 1 and 2 in the suit. The plaint schedule property in 50 cents of land forming part of a sur



































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