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1956 Supreme(Ker) 29

T.K.JOSEPH
Manuvel Sathianesan – Appellant
Versus
Mallan Sankaran – Respondent


Judgment :-

1. The plaintiff is the appellant. He sued for recovery of possession of property stated to have been taken on lease by the 1st defendant from one Easwara Pillai under Ext. A dated 4.9.1099. The property was demised under that deed on pattom and Kuzikanom, receiving a sum of fs. 450 from the 1st defendant. Defendants 2 to 8 were stated to be in possession under the 1st defendant. Easwara Pillai's rights were sold in execution of the decree in O.S. No. 860 of 1105, obtained on the basis of a hypothecation bond executed by him. The plaintiff took an assignment of the auction-purchaser's rights and sued for recovery of possession claiming mesne profits at the rate of 128 fanams per annum. The rent stipulated in Ext. A was 741/2 fanams per annum. The plaintiff sought to set off the arrears of mesne profits against the premium of 450 fanams. The main contest was by the 4th defendant who contended that there was a later lease deed Ext. II executed by Easwara Pillai on 10.6.1105 whereunder a sum of 1200 fanams was received as premium. This sum is inclusive of the sum of 450 fanams under the earlier lease. He claimed the said sum of 1200 fanams as well as value of improvements












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