Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.4925 OF 2006
CHAMAYATH CHERIYANNAL (D) TH LRS. & ANR. ... APPELLANT(S)
VS.
CHAMAYATH CHERIYANNAL HAJIROMMABI & ORS. ... RESPONDENT(S)
J U D G M E N T
Anil R.Dave, J.
1. Heard the learned counsel.
2. Upon perusal of the impugned judgment as well as the
judgment delivered by the Trial Court, we are of the view
that the findings arrived at by the Trial Court with
regard to the partition among the members of the Tarwad
were correct and in our opinion the High Court ought not to
have interfered with the said findings.
3. Once there was a partition among the members of the
JUDGMENT
Tarwad, and when there are two different thavazhy, namely
Attakoya thavazhy and Syed Koya thavazhy, and when some
share of one thavazhy had been gifted, the same could not
have been objected to by a member of another thavazhy.
4. For the aforesaid reason, we agree with the findings
arrived at by the Trial Court. We set aside the impugned
judgment delivered by the High Court and restore the order
and decree passed by the Trial Court.
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5. In view of the above, the civil appeal is disposed of
as allowed. No order as to costs.
..............J.
[ANIL R. DAVE]
.................J.
[ADARSH KUMAR GOEL]
New Delhi;
th
4 February, 2016.
JUDGMENT
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