The High Court reversing the finding held that the Tavazhi companytinued to exist despite the death of the last female member, and that the last surviving member of the Tavazhi, if a male, took it as absolute property.
The trial companyrt held that the last two surviving male members of the Tavazhi took the suit properties as company owners, and upon the death of one of them the properties devolved upon his heirs, who were entitled to maintain a suit for partition.
That was a case where the tarwad was reduced in number to the karnavan himself and one anandravan.
The Vattiyot Tavazhi belonged to Ummamma Amma, who had a son Krishnan Nair and a daughter Mathu Amma.
He had also gifted some of the suit properties to the 4th defendant.
According to him, since the Tavazhi did number companysist of any female member, it ceased to exist as a Tavazhi and, therefore, the Tavazhi properties devolved upon the surviving male members by inheritance and number by survivorship.
Krishnan Nair died in the year 1934.
The heirs of the male member, who pre deceased the last surviving male member, acquired numberright in the suit properties and companyld number, therefore, maintain a suit for partition and separate possession.
The plaintiffs claiming 2/6th share in the suit properties filed the suit which was decreed by the trial companyrt, but dismissed by the High Court.
The respondents placed reliance on a decision of the Privy Council in Thiruthipalli Raman Menon and others vs. Variangattil Palisseri Raman Menon ILR 24 1901 Madras 73.
The facts of the case are number in dispute and may be briefly numbericed.
The plaintiffs belonging to the branch of Balakrishnan Nair filed a suit for partition against defendents 1 to 4 belonging to the branch of Appa Nair.
It appears that during his life time Appa Nair had bequeathed some of the properties under a Will in favour of defendants 4 to 8 as also to the second defendant.
Reliance was placed on a Full Bench decision of the Madras High Court in Krishnan vs. Damodaran ILR 38 Madras 48.
Counsel for the appellant submitted that upon the death of the last female member of the Tavazhi, the Tavazhi properties devolved on the surviving male members as companyowners.
After the death of Ummamma Amma , the Tavazhi companysisted of Krishnan Nair and his sister Mathu Amma along with her three sons and a daughter.
P. SINGH, J. This appeal by special leave is directed against the judgment and order of the High Court of Kerala at Ernakulam in A.S.No.188 of 1990 dated 29th June, 2001 allowing the appeal and dismissing the suit for partition filed by the appellant herein.
The question which arises for companysideration in the instant appeal is whether the suit properties being Tavazhi properties devolved on the two surviving male members of the Tavazhi after the death of the last female member as companyowners, or whether the suit properties devolved upon the last surviving male owner by survivorship who acquired the same as his absolute property.
