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1965 Supreme(Ker) 341

M.MADHAVAN NAIR
Naha Haji – Appellant
Versus
Karikutty – Respondent


Judgment :-

1. The plaintiff has executed a Panayam deed (Ext. B-1) and the 1st defendant in return a Panayakaichit (Ext. A-1) on April 18,1953. The advance under the transaction is Rs. 100/- and the rental payable to the plaintiff Rs. 11 per annum. The 1st defendant contended that, though two items of properties were mentioned in the deeds, they really concerned the 1st item alone, that the 2nd item had not been given possession to him and that till he received the suit notice be was even unaware of the mention of the 2nd item in the deeds. The Munsiff found that item No. 2 did not belong to the plaintiff and that the rental stipulated in the deeds was for the 1st item only; and that has been upheld by the Subordinate Judge. The Courts below have accordingly decreed the arrears of rent claimed. In this second appeal the plaintiff challenges the negation of his title to plaint item No. 2.

2. It is conceded that suit item No. 2 belonged originally to the 2nd defendant. On September 26,1945, he had executed a deed of gift, Ext. B-6, in favour of the 8th defendant, his daughter, who was then 2 months old, expressly stating therein that thereafter he would be holding the property as her












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