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1963 Supreme(Ker) 148

T.K.JOSEPH, K.K.MATHEW
SUBRAMONIA IYER – Appellant
Versus
AMMU ALIAS MADHAVI AMMA – Respondent


Judgment :-

1. This is an appeal by the plaintiff against the decree dismissing his suit for recovery of possession of the plaint schedule property with arrears of rent. The lease deed on the basis of which the suit was filed was executed by deceased Sankara Panicker the husband of the 1st defendant and father of defendants 2 and 3 on 7 81925 in favour of the 6th defendant's karanavan, Parameswaran Namboothiri, and was for a term of three years on an annual rent of Rs. 15/-. It is stated in the lease deed that the plaint schedule property belonged in Jenm to Guruvayoor Devaswom and that the Devaswom had granted an 'Anubhavam' right in respect of the property to the 6th defendant's Mana. It is further stated there that the lease being taken for the purpose of enabling the lessee to construct a shipbuilding for carrying on his trade in Ayurvedic drugs. The plaintiff had taken a mortgage in respect of the property on 5 41946 with authority to collect the arrears of rent and future rent and also to recover possession of the property from the lessee. The plaintiff's suit was to recover possession of the property, alleging that defendants had committed default in the payment of rent subs



































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