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august 1965

Supreme Court of India · 1965-08-13

ACHUTHAN NAIR vs CHINNAMU AMMA AND OTHERS

Citation / case number
SC 1963/323
Court
Supreme Court of India
Petitioner
ACHUTHAN NAIR
Respondent
CHINNAMU AMMA AND OTHERS
Author
K. SUBBARAO
Bench
K. SUBBARAO

Judgment text excerpt

The Supreme Court held that under Marumakkathayam law, a tarwad consists of a mother and her children, with management typically vested in the eldest male member, known as karnavan. The Court established that when property is acquired in the name of the karnavan, there is a strong presumption that it is tarwad property, which can only be rebutted by acceptable evidence. The High Court's decision to recognize the chalakkode property as belonging to the tavazhi was upheld, and the trial court was directed to consider its income for maintenance calculations.

ACHUTHAN NAIR vs CHINNAMU AMMA AND OTHERS · Niyam