TMI Blog1928 (2) TMI 13X X X X Extracts X X X X X X X X Extracts X X X X ..... earing on the question Kunhacha Umma v. Kutti Mammi Hajee (1892) 2 MLJ 226 , Chakkra Kannan v. Kunhi Pokker I.L.R. (1915) Mad. 317 : 1915 29 M.L.J. 481 and Imbichi Beevi Umma v. Raman Nair (1919)37MLJ220 . It was laid down in Kunhacha Umma v. Kutti Mammi Hajee (1892) 2 MLJ 226 that when a Marumakkatayam man's property is given to his wife and children without any expression of intention how they were to enjoy it, they must be held to have taken it with the incidents of property held by a tarwad. It will be rioted that in this case the wife and children constituted a tavazhi consisting of a woman and all her children and there was not the complication of some of her children not being included as in the present case. The gift was to a su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roperty. A tavazhi as known to Malabar Law has no doubt been recognized as having such a right; Chakkra Kannan v. Kunhi Pokker I.L.R. (1915) Mad. 317 : 1915 29 M.L.J. 481 is an authority for it. As pointed out by Sriniyasa Aiyangar, J., in that case it is not the giving of property by a person to his wife and children that constitutes a tavazhi but there being a tavazhi already they take the property with the incidents of tarwad property. Are we then to extend the principle to the case of a group of persons consisting of a woman and her children by one husband only when she has other children who are not included? A tavazhi has been always understood as consisting of a mother and all her children and descendants in the female line. See Rama ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er a woman's son by a first husband took any interest in property gifted by her second husband to her and her children. The learned Judges held that there was no scope for any presumption that the second husband intended to benefit his wife's children by another man, her first husband, and therefore the plaintiff in that suit who was such a child had no right to sue for such property even though he was the eldest male member of the tavazhi as a whole. I 'respectfully agree with the decision. There was, however, no question in the case as to how the children of the second husband took the property gifted, whether with or without the incidents of tarwad property, It is true that there are some observations in the judgment which wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore, of little importance. The donees must be taken to have obtained the properties as partible properties in the position of tenants-in-common. The plaintiff's assignors, therefore, had an assignable share in them. There must be findings on Issue 1, second part, and Issue 2, before disposing of the case. The learned District Judge will submit such findings on the evidence on record in six weeks from this day. Ten days will be given for objections. Mutha Venkatasubba Rao, J. 6. The question raised by this second appeal is of some importance and not covered by authority. The case was argued on the footing that there was a gift of certain properties made by a man to his wife and children by that wife. The parties are governed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Law, which recognises the mother and not the father as the source of the line of descent. A tavazhi, any more than a tarwad, cannot be created by act of parties and it follows from this that a man at his option cannot constitute his wife and some of her children into a tavazhi. The fact that the group consists of every one of his children begotten on her is an irrelevant detail in this connection, as under the Marumakkatayam Law descent cannot be traced, as I have said, from the father. The incidents of tarwad property will, therefore, attach only to a gift made to all the members of the tavazhi including the children by other husbands in existence at the time. Chakkra Kannan v. Kunhi Pokker I.L.R. (1915) Mad. 317 : 29 M.L.J. 481 merely aff ..... X X X X Extracts X X X X X X X X Extracts X X X X
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