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1969 Supreme(Ker) 283

P.S.POTI
Cherooty Alias Kuttappan – Appellant
Versus
Sarada Amma – Respondent


JUDGMENT

P. Subramonian Poti, J.

1. By efflux of time the tenancy under Ex. A1 is said to have terminated and (later the tenants died. The suit to recover the property leased has been brought more than 12 years after the death of tenants and the action is against the legal representatives of the tenants. The question is whether the suit is barred by limitation.

2. The subject matter of the lease is a fairly substantial building. The "building and the property in Which it stood Was in the possession of one Cherootti, the predecessor in interest of the defendants as a tenant. A suit for recovery of possession with arrears of rent Was filed in the Munsiff's Court of Kozhikode as O.S. 1046 of 1941. and pursuant to the decree in that suit delivery was obtained. After such delivery of the property and the building a rent deed was taken from two of the defendants in that suit for the building alone and they were allowed to continue in occupation of the building. Ex. A1 is the rent deed and that was so taken on 16-1-1943. It provided for a term of three months and the rent payable therein was four annas per mensem. The period of three months expired. Apparently no rent was paid. At any rate,













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