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1959 Supreme(Ker) 333

M.S.MENON, T.K.JOSEPH
Kutti Kunhunni Raja – Appellant
Versus
Kuthiravattath Nairs Estate – Respondent


Judgment :-

1. This revision petition is directed against the order of the Subordinate Judge of Ottapalam in I. A. No, 1771 of 1957 in 0. S. No. 6 of 1955. The petitioners before us are the 1st and 2nd defendants in that suit. The suit seeks a declaration that the properties concerned are in the possession of the estate on a kanom right, a permanent injunction restraining the defendants and their men from trespassing on the property, and damages in respect of the trees alleged to have been cut and removed by them.

2. I.A. No. 1771 of 1957 was filed on 17-9-1957. It invokes S.151 and 0.22, R.2, of the Code of Civil Procedure, 1908.

3. The plaintiff in O.S. No 6 of 1955 and the petitioner in I.A. No. 1771 of 1957 are described in the "cause title" of the plaint and the petition as "Kuthiravattath Nair's Estate under the Superintendence of the Court of Wards by Manager." In the description of the parties given in the plaint immediately after the "cause title" the following statement is made regarding the plaintiff:

"The plaintiff above-named is the Manager appointed by the Court of Wards. The present Kuthiravattath Nair has been adjudged a lunatic by the District Court, South Malabar and













































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