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1956 Supreme(Ker) 113

KOSHI, KUMARA PILLAI
Neelakantan Neelakantan Namboori – Appellant
Versus
Kurien – Respondent


Judgment :-

1. S.16 of the Verumpattomdar's Act created a new right in the Verumpattom tenant to obtain a one-eighth share of the land value and he must therefore get that whether that be from the share of the Jenmi or the intermediate land-holder, in this case the Kanomdar.12 Cochin Law Reports 237 (FB) evolved an equitable rule that when land outstanding on an irredeemable kanom is acquired by the State the land value should be shared equally by the land-lord and the kanomdar. What is available here for the two together is only the seven-eighth share. Applying the rule of the 12 Cochin case that has to be shared equally by the landlord and the kanomdar. That is exactly what the learned District Judge decided. There is therefore no merit in the appeal and we dismiss it, but in the circumstances of the case without costs.

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