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1966 Supreme(SC) 122

M. HIDAYATULLAH, R. S. BACHAWAT, J. R. MUDHOLKAR, J. M. SHELAT
Kuchiyan Govinda Swami – Appellant
Versus
Kalliani Amma Lakshmi Amma (Dead) – Respondent


Advocates:
M.R.Krishna Pillai

Judgement

BACHAWAT, J.: In 1921, the plaintiff executed in favour of the defendant an Otti Kuzhikanam deed in respect of the suit property. By this deed, the plaintiff sold to the defendant the building standing on the property for 350 fanams and also transferred to him for 350 fanams the right to possess and enjoy the property for 12 years in kuzhikanam right with liberty to plant coconut trees thereon, expressly reserving for the plaintiff the right to enjoy the fruit-bearing trees then standing on the property. The deed provided that after the expiry of 12 years the defendant would on demand demolish and take away the building and surrender possession of the land on receipt of 350 fanams and the agreed compensation for the coconut trees planted by him. The plaintiff instituted a suit for redemption of the property During the pendency of the litigation, the plaintiff and the defendant died, and their legal representatives were substituted in their place. On May 31, 1951, the Principal District Munsif, Quilon decreed the suit. On appeal, the District Court of Quilon affirmed this decree. The present appellant, who is one of the legal representatives of the original defendant, filed









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