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1959 Supreme(Ker) 320

S.VELU PILLAI
Umaprabha Thampuratti – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. The petitioner is a junior member, and the second respondent is the senior most male member of Chirakkal family which migrated from Malabar to the former Travancore State. The matter in dispute between them, relates to their rival claims to an annual grant of about 3900 and odd rupees, and the ultimate question is, whether this is a grant solely to the senior member of the family for the time being, or to the family as a whole in which each member is entitled to a per capita share. The second respondent petitioned the Government of Kerala on the 4th February, 1957, for registering him as the holder of the grant, or Malikhana as it is called. On the 20th March, 1957, some of the junior members of the family including the petitioner, objected to such registry, and claimed that a per capita division of the Malikhana may be made amongst the members of the family. On the 30th April, 1958, Government passed an order, Ext. R1, registering the second respondent as the Malikhana holder. Some of the junior members of the family, but not the petitioner, moved Government for a reconsideration of the above order and as a result, the operation of that order was stayed. Afterwards










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