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TMI Blog1965 (8) TMI 107X X X X Extracts X X X X X X X X Extracts X X X X ..... f from the said tarwad on July 13, 1934 under a decree in a partition suit. The said tavazhi owns a number of properties. The plaintiff filed the suit against the tavazhi represented by its manager and others, for arrears of maintenance due to them and for other, for area's of maintenance due to them and for other reliefs. In the plaint it was alleged that the said Chalakkode Nilam property was the property of the tavazhi and, therefore, they were entitled to maintenance from the income of the said property also. The defendants in their written statement denied that the said property was the property of the tavazhi, but alleged that it was purchased from and 4, One of the issues raised was whether the property referred to in paragraph 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there is such a presumption, the appellant has proved by relevant evidence that the Chalakkode property is the self acquired property of himself and the 1st defendant. 5. Mr. A. Viswanatha Sastri, learned counsel for the respondents, argues that the 1st defendant is the Karnavati of the tavazhi that she was managing the tavazhi properties during the crucial period with the active help of her son, the 4th defendant appellant, that there is presumption under the Marumakkathayam law that a property acquired in the name of a manager of a tavazhi is the property of the tavazhi, and that the said presumption has not been rebutted by any acceptable evidence. Further, he contends that the same presumption should be invoked in the case of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tavazhi tavazhi, as the case may be. But there are instances where the eldest female member of a tarwad or a tavazhi is the manager thereof. He or she stands in a fiduciary relationship with the members thereof. In such a system of law there is an inherent conflict between law and social values, between legal incidents and natural affection, and between duty and interest. As the consort or the children of a male member, whether a karnavan or not, have no place in the tarwad, they have no right to the property of the tarwad. Whatever might have been the attitude of the members of a tarwad in the distant past, in modern times it has given rise to a feeling of unnaturalness and the consequent tendency on the part of the male members of a tarwa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uired in the name of the Karnavan, there is a strong presumption that it is a tarwad property and that the presumption must hold good unless and until it is rebutted by acceptable evidence: see Chathu Nambiar v. Sekharan Nambiar, AIR 1926 Mad 643 and AIR 1947 Mad 137. [His lordship then discussed the oral and documentary evidence and proceeded]. 8. We may at this stage mention that the fact that the learned Subordinate Judge accepted the oral evidence adduced on behalf of the defendant has no particular significance in this case, for the learned Subordinate Judge did not examine the witnesses in court, but the oral evidence adduced in the earlier maintenance suit was marked by consent as evidence in the present case. The learned s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the 4th defendant was managing the tavazhi properties on behalf of his mother, the 1st defendant. The assignment of the decree in execution whereof the said property was purchased was taken in favour or both defendants 1 and 4 the de jure and the de facto managers, respectively. The sale certificates for the same was issued in the names of both of them. The ticket for the kuri was admittedly taken in the name of the 1st defendant and it is admitted by the 4th defendant that this accounts would not disclose that he paid the subscriptions to the kuri. So far as the 1st defendant is concerned, the strong presumption against her exclusive title has not been rebutted by any evidence at all as regards the 4th defendant, the following facts establ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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