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1957 Supreme(Ker) 199

VARADARAJA IYENGAR
Akku Thamburatti – Appellant
Versus
Raman – Respondent


Judgment :-

1. This second appeal is by the plaintiffs and arises out of a suit instituted by them for recovery of possession of the plaint schedule properties ignoring an otti deed executed by the majority of the senior members in the tarwad, which was allowed by the trial court but dismissed by the court below.

2. The plaintiffs and defendants 1 to 9 are members of Kakkat Madathil Kovilakam which is an impartible Marumakkathayam tarwad. Under Ext. Al family karar dated 23-2-1909 the management and karnavasthanam of the Kovilakam had been vested permanently in the senior-most female member subject however to the limitation that she had no right by herself to incur debts binding on the Kovilakam, the senior most males and females in the three branches of the Kovilakam could alone together act in the matter. While the management of the Kovilakam was being conducted in manner provided under Ext. Al, Akku Amma Thamburatti, the karnavathi of the Kovilakam for the time being, along with the senior ladies of the two other branches, gave Ext. A2 power-of-attorney dated 15-10-1937 in favour of the 10th defendant for the management of the Kovilakam, with power to spend his own moneys, if nec
















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