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1954 Supreme(Ker) 162

SANKARAN
Brahmanand Bhoothi Swamiar – Appellant
Versus
Thommi – Respondent


Judgment :-

1. Since the main question for decision in these two appeals is the same, the two appeals were heard together and they are disposed of by this common judgment. The decree in O.S. No. 506 of 1121 on the file of the Ettun annoor District Munsiff's Court has given rise to S.A. No. 648/1124, while the decree in O.S. No. 605 of 1121 on the file of the same court has given rise to S.A. No. 527 of 1950.

2. The plaintiff in the two suits is the same. O.S. No. 605 of 1121 is for recovery of possession of the plaint property from the defendants who are in possession and enjoyment of the same on the strength of the kanom deed Ext. I dated 23.8.1076, executed by the plaintiff in favour of the defendant's father. Ext. A is the counter-deed executed by the tenant in favour of the plaintiff. According to the plaintiff the demise under Ext. A or Ext. I is only a redeemable mortgage and accordingly redemption is sought for after setting off the arrears of michavaram and others dues due under Ext. A against the kanom amount. Future mesne profits have also been claimed. The defendants resisted the suit and contended that Ext. A evidences a kanom demise coming within the scope of the Travan








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