High CourtsDivision Bench(1905) 12 MAD CK 0002

Nambiamuttil Pokker vs Kithakki Kunhipatumma and Others

Madras High Court · Decided on 6 December 1905 · Citation: (1906) ILR (Mad) 296

HON’BLE JUDGES
Moore, J · Benson, J

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Judgment

5 paragraphs · 129 words
1.

It is clear that this suit as now brought is not maintainable. The plaintiff''s case is that he is the nephew (sister''s son) of the first defendant and

that there is certain property in her possession which, as a matter of fact, belongs to the Tavazhi of which the first defendant and he are members.

Granting for the sake of argument that the plaintiff''s contentions are true he should have sued as Karnavan of the Tavazhi for the recovery of the

property that he alleges belongs to the Tavazhi. A suit brought by the Karnavan for maintenance against a member of the Tavazhi is not

maintainable. On this ground we are of opinion that this suit was properly dismissed and we accordingly dismiss this second appeal with costs.