1967 Supreme(Ker) 60
K.SADASIVAN
B. Party No. 2; Alingal Mohamed Kutty – Appellant
Versus
A. Party; Vaniyanthodi Pathumma wife of Kolakadan Kasmi – Respondent
Advocates:
M.M. Abdulkhader, Advocate, for Appellant; K. Mohammed Naha and N.K. Job, for Respondent.
ORDER :- B-Party No. 2 in M.C. 15 of 1966 on the file of the Executive First Class Magistrate of Malappuram is the revision petitioner. The dispute relates to 2 acres and 55 cents of paramba in R. S. 324/10 of Athavanad Village, Tirur Taluk. A-Party is the jenmi of the property. According to the B-Party, the property was taken, on lease from A-party by B-party No. 1, from whom the lease-hold right was taken on assignment by B-Party No. 2. The rent payable to the A-party is stated to be 75 paras of paddy and Rs. 40 per annum. It is further alleged that A-party had admitted in the assignment deed No. 796/64 dated 16-6-1964, that a lease was given to B-party No. 1 in respect of 4 acres 83 cents of land belonging to them in R. S. 346. The A-party has also admitted the possession of the B-party in O. S. 202/64 which was a suit filed by the A-party and her son jointly with B-party No. 1. B-party No. 2 was later on impleaded in the suit as additional 4th plaintiff. The suit is for an injunction to restrain the defendants who were asserting title to the property, from entering upon the property. The possession of B-party No. 1 is admitted by A-party in the affidavit accompanying the injunc
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