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1991 Supreme(Ker) 101

G.H.GUTTAL
Sarada – Appellant
Versus
Chakkunny – Respondent


Advocates:
K. Jayakumar, for Petitioners; N. P. Samuel (for Nos. 2, 15 and 16), for Respondents.

ORDER:- This petition by the heirs of the deceased plaintiff, arises out of their application for bringing them on the record, as legal representatives of the deceased. But it raises an interesting question relating to the application of the traditional Hindu Law of Kerala to the determination of the petitioners' status as the legal representatives. The question arises out of the facts set out in paragraphs 2, 3 and 4 below.

2. The petitioners, Sarada and Subhadra, are the daughters of the sister of Velayudhan, son of Mundatharayil Krishnan, the sole plaintiff in G. S. 144 of 1990 instituted in the court of the Subordinate Judge, Trichur, in which a decree in favour of the plaintiff was made. Firstly, the decree dated 30-11-1985 declares that: (i) the property surrounding the temple, the temple itself and the "accessories" are the common property of the Mundanthara tarwad which includes the plaintiff and the defendants; and (ii) every member of the tarwad has a right to worship and perform ceremonies in the property set out in the schedule to the plaint, which includes the land surrounding the temple. Secondly, the decree perpetually injuncts the defendant No. 1 from obstructing the
















































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