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1965 Supreme(Ker) 411

M.S.MENON, P.T.RAMAN NAYAR, C.A.VAIDIALINGAM, M.MADHAVAN NAIR, P.GOVINDAN NAIR
Ammalu Amma – Appellant
Versus
Lakshmy Amma – Respondent


JUDGMENT

P. Govindan Nair, J.

1. The question is whether the interest of a Marumakkathayi in the property of his tarwad is liable to attachment in execution of a decree for his personal debt. In C. R. P. No 619 of 1963 this question has to be answered with reference to the provisions of the Madras. Marumakkathayam Act, 1932 (Act XXII of 1933); in C. R. P. No. 1075 of 1962 with reference to those of the Travancore Nayar Act, II of 1100; in C. R. P. No. 1120 of 1962 with reference to the provisions of the Travancore Ezhava Act, III of 1100; and in A. S. No. 179 of 1963 with reference to the provisions of the Cochin Nayar Act, XXIX of 1113.

2. Justice Vaidialingam before whom C. R. P. No. 1075 of 1962 came up felt that the Full Bench decision of this Court in Antherman v. Kannan 1960 KLT 1313 had cast doubt regarding the correctness of the earlier Full Bench decision in Bank of New India v. Ponnamma 1960 KLT 698. In Bank of New India v. Ponnamma, 1960 KLT 698, this Court ruled that the undivided interest of a member of a Marumakkathayam tarwad governed by the Travancore Kshatriya Act, 1108 was liable to be attached and sold in execution of a personal decree obtained against him. The late














































































































































































































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