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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 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; 4th February, 2016.

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