Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Power of delegation Marumakkattayam Act 1932 Karnavan |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Marumakkattayam Law—Karnavan—Power of delegation —Extent— If includes right to manage property and duties arising in connection with management of tarwad— Marumakkattayam Act, 1932 (Mad. 22 of 1933), s. 33.A karnavan of a tarwad who was leaving for Bornes where he had taken up a job, appointed one M, who was the second senior most anandravan, as his mukthiar by executing a power of attorney, for the reason that the senior most anandravan was away in Madras. The said mukthiar in conjunction with other adult members of the tarwad sold several properties of the tarwud for discharge of debts of the tarwad, under the said power of attorney, including the property in suit.The karnavan along with two minor members of the tarwad brought a suit for setting aside registered assignment deed executed by his said mukthiar and all other adult members of the tarwad. The Trial Court held that the sale in favour of 1st respondent was binding on the tarwad and dismissed-the suit. On appeal the High Court reversed the decree, While it held the sale was justified on the ground of necessity it came to the conclusion that the transaction was not binding on the tarwad because the karnavan had not joined init. The power of attorney executed by the karnavan in favour of the mukthiar cannot be -effective as delegation to the mukthiar of the karnavan’s power with respect to the farwad property and, therefore, the transaction must fail as an act of the tarwad. It was contended that though the Karnavan can under a family Karar delegate his right to manage the property to another, he cannot delegate the performance of the duties arising in connection with the management of the tarwad and that therefore it was not competent for the defendant No. 3 acting as mukthiar of the Karnavan, to effect the sale in association with other adult members of the tarwad. Held, that by a family Kaerar Karnavan’s power of management can be restricted and also that a Karnavan’s power of management can be delegated, so long as what is delegated is not totality of the powers enjoyed by a Karnavan by virtue of his status. The properties belong to all the members of the tarwad and that apart from the right of management the Karnavan has no larger right or interest than the other members. That by virtue of his status the Karnavan owes certain duties to the members of the tarwad and one of such duties is to manage the properties in the best interest of the members, Those to whom the duties are owed may find that in their own interest the duties can be best performed by an Anatdravan in particular circumstances. These would be good ‘reasons’ to- justify the delegation of a Karnavan’s power of management to an Anandravan by a family Karar. Thus where for some Reason the Karnavan, is not able to discharge his duties in respect of the management of the Tarwad property, there must be someone who could look after it and who would have the power to manage it. If the delegation of the Kartavan's power of management is-regarded as incompetent the necessary result would be that the interests of the family would suffer. “It is by no means a practical ‘proposition ‘to expect the family members to approach the Karnavan, when’ he is at some far off corner, for his consent in regard to each and every transaction, be it sale, mortgage or lease, p An agreement (or Karar) entered into by the Karnavan and the members of the family by which the power of management of the tarwad carrying with it the duty to decide during the absence of the Karnavan whether a particular alienation should be effected for meeting a family necessity is delegated toa Mukthiar so that he can exercise that power with the concurrence of the adult members during the absence of the Karnavan as and when occasion arises is a perfectly valid agreement. The delegation merely of a power of management which is revocable cannot be regarded as a delegation of the office of the Karnavan. The Karnavan continues to be Karnavan but during his absence from the spot his managerial powers are exercisable by the Mukthar. The delegation being through a power of attorney, the karnavan can in a proper case put an end to it by revoking the power of attorney. Thus, despite the execution of such a power of attorney he does not fade out completely and, therefore, there is no question of its operating as renunciation. Held, further, that the plaintiff No 1 not executed the power of attorney before leaving for Borneo and thereafter several properties were alienated by the mukhisar in conjunction with the other anandravans and none of the alienation except the one in suit has been challenged in all these years justifies the inference that these dispositions were in pursuance of the power of attorney and also that the power of attorney was itself executed by the plaintiff No.1 in pursuance of a family karar. |
Judge | Hon'ble Mr. Justice J.R. Mudholkar |
Neutral Citation | 1962 INSC 199 |
Petitioner | Dr. C. Annacheriam And Another |
Respondent | Achutha Menon And Others |
SCR | [1963] 2 S.C.R. 986 |
Judgement Date | 1962-05-03 |
Case Number | 426 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |