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1986 Supreme(Ker) 180

PARIPOORNAN
AMMUKUTTY AMMA – Appellant
Versus
VISWANTHA IYER – Respondent


Judgment :-

1. The 1st appellant is the widow of Ramanatha Iyer. He and the rest of the members of his family executed Ext. Al partition deed on 17-12-1932. Among the items allotted to different sharers as per Ext. Al, Ramanatha Iyer got life interest in the suit properties. It is stipulated therein that on the death of Ramanatha Iyer the suit properties would revert to his brother Balakrishna Iyer. On 19-2-1962, as per Ext. A2, the said Balakrishna Iyer assigned his rights in the suit properties in favour of the plaintiff, who is another brother of the above said persons. But during the life time of Ramanatha Iyer, a lease was created on 5-8-1963 (as per Ext. BI) in favour of his wife (the Ist appellant), leasing out the suit properties for a period of one year. Ramanatha Iyer passed away on 19-5-1975. The present suit has been filed after the death of Ramanatha Iyer for recovery of the suit properties with mesne profits from the Ist appellant and her children. The suit is resisted by the Ist appellant contending, inter alia, that she is entitled to fixity of tenure as per the provisions of the Malabar Tenancy Act, 1929 and that she had obtained a certificate of purchase from the





















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