Judgement

Appeal (No. 85 of 1919) from a judgment and decree of the High Court (December 3, 1917) so far as it reversed a decree of the Subordinate Judge of Tellicherri.

The appellant sued to establish his title to certain land in Malabar containing thirty-four hills. His title to a group of ten of the hills was negatived by both Courts in India, and the present appeal related only to the remaining twenty-four hills.

The appellant was the head or karnavan of a Nayar tarwad, or family, in Malabar; he and his predecessors were referred to as the Kuthali Nayar. The defendant in the suit was, and the present respondent became on his death, the head or karnavan of a Moplah tarwad in the same district ; the distinctive name of that tarwad was Peringati.

The nature of the land in question, which had been subject to very little cultivation, and the other facts of the case appear from the judgment of the Judicial Committee.

The Subordinate Judge held that the title of the plaintiff (appellant) to the twenty-four hills was established; he rejected the defendants claim to have acquired title by adverse possession. He accordingly made a decree in favour of the plaintiff.

The High Court reverse