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    <title>1961 (12) TMI 104 - KERALA HIGH COURT</title>
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    <description>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&#039;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&#039;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.</description>
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    <pubDate>Tue, 19 Dec 1961 00:00:00 +0530</pubDate>
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      <title>1961 (12) TMI 104 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=200342</link>
      <description>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&#039;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&#039;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.</description>
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      <pubDate>Tue, 19 Dec 1961 00:00:00 +0530</pubDate>
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