P.GOVINDA MENON, M.S.MENON, T.K.JOSEPH
Parukutty – Appellant
Versus
Province of Madras – Respondent
1. This appeal was referred to a Full Bench for an authoritative decision of the question whether the last Sthani has absolute right to deal with sthanom properties. The Full Bench answered the question in the negative and remanded the suit for a finding on the question whether the property claimed by the appellant was one attached to the sthanom or one belonging to the tarwad of the sthani.
2. The contentions of the parties and the decision on the question referred to above are stated in the order of remand a copy of which will be appended to this judgment. The plaintiff, the province of Madras sued for recovery of possession of 90 items of immovable property alienated by Kunhiraman Moothavar, the last Sthani, who was also the last member of his tarwad, on the allegation that the properties were attached to the office of sthanam and that the alienations were invalid. The 64th defendant-appellant who was interested in item number 70 had a contention that this property did not belong to the sthanom but to the tarwad and that Kunhiraman Moothavar who was the last surviving member of the tarwad was competent to alienate the same. This was the question on which a finding was
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