Tarwad property alienation in breach of statutory consent rules was voidable, and limitation barred redemption after long unchallenged possession.

An alienation of tarwad immovable property made without compliance with Section 21 of the Travancore Ezhava Act was treated as voidable, not void ab initio, because the statutory restrictions were intended for the tarwad's private benefit and could be waived by its members. A junior member could affirm or avoid the transaction, but once the alienee remained in possession unchallenged for the limitation period, the tarwad's right was extinguished. On the facts, the mortgagee had held possession as owner for more than 12 years, so the alienation was not effectively avoided in time and the suit for redemption was barred.

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Issues: Whether an alienation of tarwad immovable property made without compliance with Section 21 of the Travancore Ezhava Act was void or voidable, and whether the tarwad could ignore the alienation and seek redemption after the lapse of 12 years.

Analysis: Section 21 was held to be enacted for the protection of the tarwad's private interests and not to serve any public policy. The statutory restrictions on sale, mortgage with possession and long lease were treated as conditions whose benefit could be waived by the tarwad members. The Court held that a transaction made without the required consideration, tarwad necessity, or written consent of all major members was not a nullity against the whole world, but only voidable at the instance of the tarwad. A junior member could either affirm or avoid such a transaction, and where possession had passed to the alienee and remained unchallenged for the statutory period, title could become indefeasible. In the present case, the mortgagee had obtained possession as owner under the sale and had held it for more than 12 years.

Conclusion: The alienation was voidable and had not been effectively avoided in time. The suit to redeem was therefore barred, and the appeal succeeded.

Ratio Decidendi: An alienation of tarwad property in breach of the statutory requirements meant for the tarwad's benefit is not void ab initio but voidable at the instance of the tarwad, and if the alienee's possession continues unchallenged for the period prescribed by limitation, the tarwad's right is extinguished.

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