The legal effect of conversion on the holding of property by a tavazhi and the rights and obligations of members of a tavazhi.

Venkataramana Rao, J.

1. The question in this second appeal is what is the nature and extent of interest possessed by defendant 2 in certain properties, one of which is a boat, the subject matter of this appeal, left by one Kunhikutti. The plaintiff, defendant 2, and the deceased Kunhikutti formed members of a tavazhi following the Marumak-kathayam law. Before his death, the said Kunhikutti disposed of his properties by a registered will dated 27th December 1923. His object was to benefit the members of his tavazhi. This is clear from the following preamble to the will:

I should make certain settlements regarding the claimants who are to enjoy the ownership right of my self-acquired properties alter my death.

2. After stating that the property possessed by him was his self-acquired property and that it should be enjoyed by him till his death, he specifies the persons to whom it should go after his death thus:

And after my death, my brother (1) Amabadi, (2) younger brother Chandu, (3) nephew Manickams son Raman alias Joseph Sadanandan, (4) younger brother Kunkan, (5) younger brothel Ryru, (6) younger brother Sankaran, (7) Achuthan alias Benjamin Sadanandan, (8) nephew Kunhi Pennua son Andi, (9) Kunhi Pennu, (10) Cheeru, (11) Korumbi, (12) Kunhi Pennu, (13) Kaliyani, (14) Madhavi and the Santhanama of the female members among them who are already born and who are yet to be born, are the claimants of the said properties.

(No. 1 Amabadi is defendant 2 in the suit.) Then he provides for the maintenance and enjoyment of the said property thus:

My representative No. 1 is to hold the said properties and cause them to be held. He should pay the jenmi purappad, efiect renewals of the said properties by entering into agreement with the jenmis, manage the odams (boats) and the nets, hold the mudaruthi pattam, collect the out standings to be recovered, effect repairs to the nets whenever they get damaged, manage the Sardine Press and take the proceeds and protect the other members according to the income and enjoy the said properties. And after the death of No. 1, the male members out of the members from No. 2 onwards aforesaid and after their death the male issues in the females who are now living and those that are to be born should manage the properties according to their seniority. And in default of male issue, the females, according to their seniority, should hold the properties and cause them to be held according to the Marumakkatbayam law of inheritance and take the income there from and enjoy the same. And when it becomes necessary that a loan had to be raised, all the then members, both male and females who have attained their majority, should join together and execute a document under their joint signatures. And all the debts and alienations otherwise incurred or effected will not be binding either en the properties or on other members and they will not be liable there for. As the major income to protect the members aforesaid are to be derived from the boats and nets, the male members and other than Nos. 3, 7 and 8 should exert themselves to the top of their capability in the management and work and protect the members of the family as aforesaid. In case the remaining members are cot prepared to do so, such anandiravans should be excluded from the properties by a registered notice executed jointly by all the remaining members. And if they are so excluded, they will be devoid of any right over the said properties and on the annual income therefrom.

3. Nos. 3 and 7 referred to above are the sons of two of his nephews, namely Joseph Sadanandan and Benjamin Sadanandan who are Christians by religion. On a reading of the will, there can be no doubt that what the testator intended was that the property should be owned and enjoyed by all the members of the tavazhi to which he belonged and that it should be possessed and managed after the manner of tarwad property in accordance with the rules of the Marumakkathayam law by which he was go