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1967 Supreme(Ker) 76

M.MADHAVAN NAIR
Kunhamina Umma – Appellant
Versus
Paru Amma – Respondent


Judgment :-

1. This appeal is by the legal representatives of the 2nd defendant in a suit for redemption of a moiety of a Kanom.

2. Ext. B6 is a Kanom-Kuzhikanom deed and Ext. Al its counter-part. They are of date December 1, 1941. The transaction thereunder is a composite one, a Kanom in respect of taks 1 to 3 of item 1 (which constitute the suit properties) and a Kanom-Kuzhikanom in respect of the 4th tak of item 1 and item 2 therein (which are not involved in this suit). The Kanomdars are defendants 1 and 2. In partition under Ext. A3 the rights under Ext. B6 have been divided equally between them; but the properties as such are not divided. The 2nd defendant, now represented by the appellants, had thus an undivided moiety in the suit properties. The original plaintiff was an assignee of the jenmi who granted Ext. B6. On her death, her interests devolved on plaintiffs 2 to 6 who assigned the same to the 7th plaintiff Company. The suit is for redemption of the Kanom on the suit properties. Subsequent to the institution of the suit defendants 3 to 9 being the legal representatives of the 1st defendant have surrendered their moiety in the suit Kanom to plaintiffs 2 to 6 (vide Ext. A





















































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