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1976 Supreme(Ker) 17

K.K.NARENDRAN
RADHAKRISHNA MENON – Appellant
Versus
VILLAGE OFFICER – Respondent


Judgment :-

1. The petitioner in this original petition was a junior member of a Marumakkathayam tarwad who was put in charge of the management of the properties as a stop-gap arrangement in view of Ext. P-4 karar, entered into between the members of the tarwad, for partition. The grievance of the petitioner is against Exts. P-1, P-3 and P-6 orders insisting that the petitioner should measure the levy in respect of the tarwad properties. The question that arises for consideration is as to what is the effect of an agreement between the members of the tarwad for dividing the tarwad properties and whether there will be a severance of the joint family status from the date of agreement or the same will be postponed to the actual division of the properties by metes and bounds. If there is a severance of the joint family status from the date of the karar, it goes without saying that the petitioner who was only a member of the tarwad cannot be asked to measure levy in respect of any property which is not set apart to bis share.

2. As early as 30th November 1970 the petitioner and the other members of the tarwad entered into Ext. P-4 karar for partitioning the tarwad properties. In Ext. P-4


















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