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TMI Blog1915 (9) TMI 2X X X X Extracts X X X X X X X X Extracts X X X X ..... ade by him is not binding on the tarwad. 2. So, too, if the karnavan for the time being was submitting to an infringement by Government of the tarward's right of property, it was in my opinion competent for the defendants Nos. 1 to 3 as the next senior members of the tarwad to institute a suit, such as Original suit No. 17 of 1906, in the District Court of North Malabar, the plaint in which is Exhibit U. Assuming for the moment, that the circumstances justified the institution of the suit, and assuming, though no express authority has been cited for the proposition, that as incidental to the right to institute the suit, the defendants Nos. 1 to 3 must be taken to have had authority to pledge the credit of the tarwad for the purpose of raising the sums necessary to carry on the litigation, it must, I think, be shown in any case that it was necessary to pledge the credit of the tarwad in the way in which it was pledged in this particular case, and I am not satisfied that the plaintiff has shown this with regard to Exhibit A, the document sued on. Exhibit A recites that the plaintiff had been Dewan or Manager under karars or agreements with two previous karnavans and had become ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itant remuneration to be paid to a so-called law agent--unlicensed practitioner--in addition to the costs which would be otherwise incurred in connection with the suit. Assuming that the junior members of a tarwad have authority to bind the tarwad for the necessary costs of litigation of this nature, I think they had no authority to bind the family by the agreement Exhibit A. Relief is sought against the representative of the 1st defendant who is dead and against the second defendant personally. I would, therefore, reverse the decree and dismiss the suit with costs throughout. The memorandum of objections is dismissed with costs. T.V. Seshagiri Iyer, J. 3. I entirely agree with my Lord. 4. The suit is for the recovery of the remuneration promised by the 1st and 2nd defendants to the plaintiff for assisting them in a litigation. The plaintiff was for some time the Bewail of the Araklal Rajah of Cannanore. Negotiations were proceeding between the Rajah and the Government of Madras regarding the Laccadive Islands and the introduction of Revenue Settlement in the estate owned by the swarupam. Some of the junior members of the family thought that the contemplated agreement with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his part. It is the case for the plaintiff that the 2nd defendant was not expected to provide any funds for the litigation, as he was not then in a position to do so. The 1st defendant died after the institution of the suit, and the present 2nd defendant has succeeded to the Raj. The relief claimed against him is that he should as the present Manager of the swarupam pay the amount claimed from the estate. 7. The Subordinate Judge gave a decree for ₹ 2,500 on the principle of quantum meruit. The 2nd defendant has appealed. There is also a memorandum of objections by the plaintiff. The principal question argued in appeal by Mr. Rozario is, that the contract is not binding on the swarapam. Turner, C.J., and Muthusami Aiyar, J., in pointing out the essential difference between the position of the junior members of a joint Hindu family and that of the anandravans in a Malabar tarwad, say that the karnavan has larger powers than the Manager of a Hindu family in the management of the tarwad property. There is no doubt that under the Hindu Law as administered in this Presidency, the Manager alone can represent the family in transactions with strangers. In Mayne's Hindu Law edi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owners, any two of them are not competent to pledge the credit of the others. 9. But the position of the members of a tarwad differs in many respects from that of co-tenants. The decided cases already referred to lay down that the karnavan is alone competent to represent the tarwad in transactions with strangers. I think this rule requires some qualification. When the tarwad is in its normal state, the karnavan alone is competent to pledge the tarwad credit. But where the acts of the karnavan are such as to seriously endanger tarwad property, it seems to me that it would be legitimate to give the junior members power to act on behalf of the tarwad. These members cannot claim their separate shares by partition as in a joint Hindu family. The relationship of the karnavan towards the junior members is more like that of a trustee and cestui que trust or of guardian and wards. The decisions have recognised their right to sue to set aside improper alienations. As a corollary to this position. I think they should have the right of reimbursing themselves the expenses rightly incurred by them in protecting tarwad, property. Outsiders who lend money to anandravans for the avowed object of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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