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1954 Supreme(Ker) 60

SANKARAN, SUBRAMONIA.IYER, M.S.MENON
Kunjunni Pillai – Appellant
Versus
Bhaskaran Pillai – Respondent


Judgment :-

1. This Second Appeal has been referred to a Full Bench on account of a conflict of opinion revealed by the reported decisions of the erstwhile Travancore High Court on the question whether a member or a branch of a Malabar tarwad to whom is allotted properties for purposes of maintenance is entitled to claim compensation for improvements before dispossession of those properties in connection with a suit for partition or otherwise. The facts are these: In the year 1065 there was an arrangement in the tarwad of the parties wherein the properties were divided into three. One portion was put in possession of one of the two sakhas of the tarwad and another in the possession of the other Sakha. Plaintiff and the defendants belong to the said two Sakhas respectively. The third division of property was meant for the maintenance of the karnavan of the tarwad for the time being as also for meeting the expenses of certain charities which were being conducted by the tarwad which the karnavan for the time being was to conduct thereafter. Neither of the two sakhas was accountable for the income of the properties out in their possession nor was the karnavan accountable for the income












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