JUDGMENT :

R. S. Bachawat, J.

The properties in suit belonged to the Muzhappilangad Devaswom in jenmi rights, and under the Devaswom, the Thayyil tarwad had leasehold rights. One Thayyil Mayan came to hold the properties under a Kaivasam Panayam deed executed by the Thayyil tarwad. On February 5, 1929, Mayan and his brothers, Abubacker and Kader executed a kanom (Ext. A-3) of the suit properties in favour of Bathala Baithan. By a marupat (Ext. A-4) executed on the same day, Mayan took back the properties on lease from Baithan. Subsequently, by Ex. A-5 and later Ex. A-7, Mayan leased items 3 to 5 of the suit properties to Koran. In early 1939, Mayan died leaving defendants 7 to 13 as his heirs. By a deed (Ext. A-8) dated April 28, 1939, Abubacker obtained a surrender of the leasehold rights from Koran. On May 15, 1939, Abubacker executed a kanom (Ext. A-10) in respect of all the suit properties in favour of Kottiath Raman. Raman died shortly thereafter leaving defendants 1 to 5 as his heirs. By a registered deed (Ex. B-2) dated February 27, 1941, defendants 1 to 5 obtained from Baithan a surrender of his kanom rights under the deed dated February 5, 1929. The third defendant died dur