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1959 Supreme(Ker) 4

G.KUMARA PILLAI, T.K.JOSEPH
Damodaran – Appellant
Versus
Karimba Plantations Co. Ltd. – Respondent


Advocates:
M.U. Issac, for Appellant; T.C. Raghavan (for Nos. 3 and 4) and K. Kuttikrishna Menon (Nos. 6, 8 and 9) for Respondents.

Judgement

T. K. JOSEPH, J. :- The subject-matter of this litigation is an extensive hill tract in Karimba Desom, Walluvanaud Taluk, South Malabar. The suit was instituted by the 1st plaintiff who was appointed Receiver in O. S. No. 112 of 1933 of the Subordinate Judges Court Palghat, to manage the estate including Sthanom and Dewaswain properties of Kuthiravattah Nayar, the 3rd plaintiff in the suit. During the pendency of this suit the 1st plaintiff was removed from office and the 2nd plaintiff was appointed as Receiver, in O. S. No. 100 of 1947 on the file of the District Court, South Malabar.

He in turn was replaced by the 4th plaintiff who was appointed by the Court of Wards which obtained management of the estate later. According to the original plaint, the properties described in the schedule appended to the plaint belonged to Pulappatta Thiruvilayanad Bhagavathi Devaswom owned by the Kuthiravattathu estate. These lands are marked as plots A, A1 and A2 in the plan Ext. A44 filed along with the plaint. The Sthanom was enjoying the properties, granting leases and licences to several persons for cutting timber.

On 3rd January 1943 such a lease was granted to one Athan Rowther and




































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