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1914 Supreme(Mad) 408
IN THE HIGH COURT OF MARAS
Chambozil Moidin Kutti
Versus
Achutambal Kunhi Koyan Muth Haji
Decided On : 8 October, 1914
Important Points
Subject
Property Law - Succession and Inheritance
Headnote
Family Necessity - Melcharath Exhibit. B - The transaction is not binding on the successor of the Karnavan due to lack of family necessity.
Fact of the Case:
The court found that there was no family necessity to justify the melcharath Exhibit. B.
Finding of the Court:
The court dismissed the appeal with costs, holding that the transaction is not binding on the successor of the Karnavan.
Issues: Family necessity, binding transaction, successor's rights
Ratio Decidendi: The lack of family necessity justifies the non-binding nature of the transaction on the successor of the Karnavan.
Final Decision: The appeal is dismissed with costs.
1. It is found that there was no family necessity to justify the melcharath Exhibit. B ; and we must hold that this transaction is not binding on the successor of the Karnavan who executed it whether the latter did or did not survive the expiry of the prior Kanom. The appeal is dismissed with costs.
