AIR 1958 KERALA 325 ::1957 Ker LT 924 ::1957 Ker LJ 856

Kerala High Court

Hon'ble Judge(s): Kumara Pillai, M. S. Menon , JJ

Transfer of Property Act (4 of 1882) , S.41— Applicability - Ostensible owner. Marumakkathayam Law - Tarwad - Tarwad property -Alienation by Karnavan - If one by ostensible owner. Section 41 of the Transfer of Property Act, can have no application at all to a case where the karanavan of a marurnakkathayam tarwad or illom alienates tarwad or illom property standing in his name. He is not the ostensible owner of the property standing in his name but one of the real owners, and the property stands in his name not because of or with the consent of the real owners but because of the law that property belonging in the tarwad or illom shall ordinarily vest in the karanavan.(Para 3) Anno: AIR Com., T. P. Act, S. 41 N. 8.