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1955 Supreme(Ker) 4

SANKARAN
Vareed – Appellant
Versus
Panunni Karthavu – Respondent


Judgment :-

1. This Second Appeal arises out of a suit for eviction which was instituted under the following circumstances. The property involved in the suit is the jenmom property of the Pathiyari Devaswom managed by the Kodasseri Sthanam. Along with other items, this property had been demised by the Sthanam in favour of Thekkedath Maruthombilli Mana in the year 1065 under a document styled as a Panayam and making provision for payment of michavaram and other customary dues. Later on, this demise was renewed under Ext. VI dated 9.3.1092 and still later under Ext. V dated 3.11.1106. Pyloth, the predecessor-in-interest of defendants 1 to 7, took all these properties on lease from Maruthombilli Mana by executing the lease deed Ext. B dated 14.7.1102. Under Ext. C dated 18.2.1120 the Mana conveyed all the rights which it had over the plaint item in favour of the plaintiff. The proportionate pattom recoverable from this item was also specified in Ext. C and the plaintiff was authorised to realise the pattom that had been left in arrears. On the strength of Ext. C the plaintiff instituted the present suit for recovery of the property with arrears as well as future pattom.

2. The suit was



































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