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10. There had been protracted litigation between Vasudevan Namboori and the other members of his family for a number of years and it appears that they came together only at the time of the celebration of the marriage. Some days before the alleged marriage, i.e., on 5-6-1102, all the male members of the Illom borrowed a sum of RSection 2,500 by executing exhibit IX, the Otti deed, in favour of Mathew Korah. It was recited in the document that the said amount of RSection 2,500 was required for dowry, ornaments and expenditure for marrying Nangayyakutty, the daughter of Vasudevan Namboori. It is said that if the members of the family intended that the marriage should take place in saravaswadanam form, they would have mentioned that fact specifically in the document. Though the High Court accepted the suggestion as indicative of the fact that the marriage was not celebrated in that form, we do not think that any such irresistible inference can be drawn from the non-mention of that fact in that document. One would not expect in a mortgage deed a recital to that effect for the simple reason that it was not germane for borrowing money from third partieSection Nor can we draw an inference from the execution of the mortgage deed that the brothers were re-united in the sense that all the younger brothers began to repose implicit confidence in their elder brother, Vasudevan Namboori, so as to] enable him to execute documents bringing in new members within the family fold behind their back. What must have happened was nothing more than all the members of the family joining together in borrowing the money to discharge the family obligation and even after the marriage, Vasudevan Namboori continued to live in Sivolli Illom, as he was doing before and Narayanan Namboori continued to be in de facto management of the entire family properties as he was doing before. But what is material is that if the marriage was intended to be performed in sarvaswadanam form, was it likely that the family would have borrowed a large sum of RSection 2,500 to be given as dowry or streedhanam, when the bride and the bride-groom would become sharers in the family property. It is argued on behalf of the respondents that the payment would be inconsistent with the marriage being in sarvaswadanam form. On the other hand, it is said that, among Namboori families, the word 'streedhanam' is also used for 'vara-dakshina'& the use of the word 'streedhanam' is not decisive of the question whether the marriage was in sarvaswadanam form or not. Even exhibit C, wherein it is definitely stated that the marriage was in sarvaswadanam form, it is mentioned that streedhanam of RSection 2,000 was given. Nothing, therefore, turns upon the use of the word 'streedhanam'. But as, we have already stated, borrowing of a large sum on the eve of the marriage is more consistent with the fact that the marriage was intended to be in the ordinary form rather than in sarvaswadanam form. The antecedent conduct of the parties before the marriage namely, Vasudevan Namboori's taking residence in a different Illom, the de facto management of the family and its properties by Narayanan Namboori, the protracted litigation between Vasudevan Namboori and other members of the family, the borrowing of a large amount on the eve of the marriage by members of the family, indicate that the marriage could not have been in sarvaswadanam form. If it was really intended to be in that form, it is not likely that the other members of the family particularly, Narayanan Namboori, the de facto manager, would not have joined in executing exhibit C, if it was executed on the date it was purported to have been executed.

12. On 12th Karkadagam, 1104 Vasudevan Namboori executed a document in favour of his daughter authorizing her to collect michavaram in respect of certain propertieSection Narayanan Namboori filed O. Section No. 467 of 1106 against Vasudevan Namboori, Nangayya Antharjanam and others, questioning the validity of the said document. In the written statement filed by the defendants, they set up the defence that Nangayya Antharjanam was married in sarvaswadanam form and as member of the family she was entitled to be maintained out of the income of the Kopprathu Illom and therefore the document executed in recognition of her right to enjoy the property was valid. Narayanan Namboori filed an application stating that the marriage was only in the ordinary form. Exhibit XV is the judgment of the trial Court and exhibit XLIV is the judgment of the appellate Court confirming that of the trial Court. The judgment discloses that the Advocate appearing for Vasudevan and his daughter did not pursue the question of the form of marriage in the suit but reserved the right to seek the remedy elsewhere in respect of that matter. It is no doubt true that the suit and the appeal were disposed of on the ground that even if she was a member of that family, Vasudevan Namboori was not in management and he had no right to execute the document without the consent of the members of the family. But the fact that, though that question was specifically raised, neither Vasudevan nor his daughter was bold enough to press the issue, is indicative of the fact that they were not sure of their ground. Though the right was reserved, they did not make any attempt till the present dispute arose and till all the members of the family who could have spoken to the form of the marriage had passed away, to raise the question of the form of the marriage. So too, when another opportunity and an occasion arose to get a decision on the form of the marriage, the appellants adopted a lukewarm attitude. On 14-10-1112. Narayanan Namboori, his elder brother, Adithyan Namboori & their father's brother's widow, Nangayya Antharjanam, executed exhibit XI in favour of Nilakantan Namboori, whereunder 'A' Schdule properties described therein were settled on Nilkantan Namboori &'B' Sch. properties were reserved to Narayanan Namboori. The execution of this document was a direct challenge to the title of the appellants, for if the marriage was in savaswadanam form, the members of the family could not have executed the document without the concurrence of the appellantSection Though the respondent instigated the appellants to file a suit for setting aside the document, they did not take any steps to get that document set aside. Nilakantan Namboori sold away some of the properties settled on him and on 18-10-1117, he executed a document, exhibit X, surrendering the remaining properties to Narayanan Namboori and Nangayya Antharjanam. Even then the appellants did not take any steps to question the validity of either exhibit X or exhibit XI. For the first time they thought of their rights only when, after the death of all the male members of the family, Nangayya Antharjanam executed exhibit XXIX giving all her properties to the respondentSection Then Damondaran Namboori took proceedings in the Magistrate's Court, took the old lady in his protection and then obtained a document from her cancelling exhibit XXIX wherein for the first time the marriage in sarvaswadanam form was admitted by her. It would, therefore, be seen that the conduct of Vasudevan Namboori when he was alive and also of the appellants, was only consistent with the fact that the marriage was not in sarvaswadanam form.

14. Now let us consider the conduct of the respondents on which strong reliance is placed by the learned Counsel for the appellantSection Exhibits H, J, K, M, N, O, P, Q, AP and AR are the letters alleged to have been written by the respondent wherein it is said that he admitted that the marriage of the appellants was performed in the sarvaswadanam form. Except letters marked as exhibits N, P, and Q which were admitted, others were not proved. Most of those letters were written to Narayanan Namboori at Sivolli Illom, that is the maternal grand-father of the second appellant. They were written after Narayanan Namboori of Kopprathu Illorn filed O. Section No. 1016 of 1112 against the respondent for the recovery of the suit property therein on the basis of a lease. In the written statement the respondent, in an attempt to non-suit him, alleged that the appellants were married in sarvaswadanam form and therefore the suit without impleading them as parties was not maintainable. He also tried by writing some of the aforesaid letters to persuade Narayanan Namboori of Sivolli Illom, i.e., the maternal grandfather of the second appellant, to take steps to get exhibits X & XI cancelled on the basis of the aforesaid marriage- But after the death of Narayanan Namboori, he was able to get a document, exhibit XXIX, from the surviving member of the family, the old lady, Nangayya Antharjanam, conveying all the properties to him. The appellants took immediate steps to get the document set aside. This made the respondent to change his front and deny the form of marriage in sarvaswadanam form. Admittedly, the respondent was not present when the marriage took place. His admissions therefore are only based on hearsay. They only show that he is a speculator in litigation and had no scruples to take inconsistent positions to achieve his endSection Therefore, the admissions made by the respondent cannot afford a sound basis for holding that the marriage was in sarvaswadanam form.

16. To summarize, long before the marriage and the execution of exhibit C> Vasudevan Namboori and other members of the family were not on good terms and indeed there were protracted litigations between them. Vasudevan Namboori, with his daughter, left Kopprathu Illom, when Sankaran Namboori was treated as an out-caste in the year 1084 and began to live in his father-in-law's Illom. Though, Vasudevan was the karnavan from 1099, the actual management of the Illom affairs was in the hands of Narayanan Namboori. The members of the family joined together, borrowed an amount of RSection 2,500 and celebrated the marriage of the daughter of the family in 1102, as it was the legal obligation of the family. At the time of the marriage, streedhanam of RSection 2,000 was given to the bride. Exhibit C, the document recording the form of the marriage was not signed by the de facto manager or other elder members of the family. It did not see the light of day till 1106; when reliance was placed upon it, Narayanan Namboori denied that the marriage was in sarvaswadanam form. Narayanan Namboori and other members of the family, except Vasudevan Namboori, never treated the appellants as members of the family. They dealt with the property as if the appellants did not have any interest therein. The appellants also, notwithstanding the execution of exhibit C, never lived in the family house except for 10 daySection They never enjoyed the family income nor did they ever claim any share in it. They did not set up that they were married in sarvaswadanam form except in the document Nangayya Antharjanam executed cancelling exhibit XXIX. The respondent who admittedly did not attend the marriage, took up inconsistent positions to suit his convenience. The respectable people who attended the marriage were not examined to prove the form of marriage. The two witnesses that were examined are not only related to each other but are also related to the first appellant. In the circumstances, thought exhibit C was executed some time before it was registered, we hold on the evidence that it has not been established that the appellants were married in sarvaswadanam form.