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2016 DIGILAW 754 (KER)

Thayambath Narayani v. Thumbakuthirummal Manikkam

2016-09-02

P.V.ASHA, T.B.RADHAKRISHNAN

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JUDGMENT : T.B. Radhakrishnan, J. 1. This appeal against first appeal is against the judgment by which the learned Single Judge had affirmed the award passed in a Land Acquisition Reference under Section 54 of the Land Acquisition Act, 1894. Perused the records. 2. Claimant No. 1 in L.A.R. No. 101 of 1991 of the Sub Court, Payyannur is the appellant. 3. Issues relate to apportionment of compensation awarded in relation to a parcel of land which originally belonged to Kunhi Koran, the husband of claimant No. 1. He executed a registered Will in the year 1957. 'A schedule to that Will was allotted to his wife, the first claimant. Another portion was bequeathed to his thavazhi. Question arose before the Reference Court and before the learned Single Judge as to whether an entity called thavazhi could have been recognised at the time of death of Kunhi Koran in 1979 after the coming into force of the Kerala Hindu Joint Family System (Abolition) Act in the year 1976. The Reference Court and the Single Judge have answered this question by holding that though there is change in the status, the identity of the group which could be called a thavazhi could be noticed for the purpose of operating the bequest in terms of the Will of Koran. The fact of the matter remain that Koran died in 1979, i.e., after the Kerala Hindu Joint Family System (Abolition) Act came into force in 1976. After the impugned judgement was delivered by the learned Single Judge on 18/01/1995, the Apex Court laid down the law in Balakrishna Warriar v. Santha Varassiar 1997 KHC 179 : 1997 (1) KLT SN 5 : JT 1996 (9) SC 441 : (1996) 11 SCC 500 holding that Act 30 of 1976 has abolished the Joint Family System and the tharavadu has become extinct. Hence, no declaration can be given in favour of a non existing entity. The only issue that was left open thereafter for consideration was as to whether karanma right (or the hereditary right) will devolve on the members of the extinct tharavadu as tenants in common. In the case in hand as well, no such question of karanma right arises. But, in view of the said binding precedent in Balakrishna Warriar (supra), the claim of the appellant -the first claimant, is only to be upheld. In the case in hand as well, no such question of karanma right arises. But, in view of the said binding precedent in Balakrishna Warriar (supra), the claim of the appellant -the first claimant, is only to be upheld. In the result, this appeal is allowed vacating the judgment of the learned Single Judge and the award passed by the Sub Court, Payyannurin L.A.R. No. 101 of 1991, and an award is hereby passed allowing that 'A' claimant - first claimant Thayambath Narayani (now represented through the legal representatives), is entitled to withdraw the entire land acquisition amount and the statutory add ones which was subject matter of that land acquisition reference.