The main legal point established in the judgment is the requirement for clear and unmistakable evidence to establish abandonment, and the need for the intention to abandon and the external act to concur.

K. Sukumaran, J.

1. This appeal is by the State whose suit O. S. No. 5 of 1969 for recovery of possession of the plaint schedule property from the sole defendant, failed in the court below. (During the pendency of the appeal, the respondent defendant passed away and respondents 2 to 9 have been impleaded as the legal representatives).

2. Nilgiris - Wynad Division of the then Madras Presidency, as it existed in 1880's, with its 240 square miles area, smaller than the counties of Middlesex in England, or Louth in Ireland, or the shires of Haddington in Scotland or of Flint in Wales, presented the panoramic view of a long stretch covered with jungles, and threaded by several meandering streams, winding their way along successions of hills and dales. At about in altitude of 3000 feet, it was the scene of hectic activities of adventurous Europeans. A noteworthy feature of this plateau was the gold found in the roofs - gold coated invariably with sesquioxide of iron. The area contained many noted forests like Mudumalai and Benni Teak Forests, apart from other village forests. (See Ext. A10 proceedings of the Government of Madras No. 659 dated 8-7-1887 passed by the Hon'ble W. S. Whiteside, C. C. Commissioner, on the basis of the letter from A. E. Castlestuart Stuart, Special Assistant Collector, Nilgiris and Malabar on the conclusion of the settlement of Nilgiri - Wynad.) the prospects of converting the forests into coffee plantations, and the still brighter prospects of mining the gold found in the reefs and alluvial soil, perhaps attracted these adventurers. People came from Ireland - Scotland and England attracted by the lure of gold and by the adventure in the opening of Estates: such as Richard Williams Warrington (referred to in Ext. A6 indenture dated 29-5-1878) from Ireland; Adam Marry Anderson (referred to in Ext. A7 dated 31-10-1882) from Scotland; Samuel Aithen Miller (referred to in Ext. A1 sale deed dated 23-2-1865 and other documents) from England. The hopes of at least some, were dashed when gold mining turned out to be not profitable; and the coffee plantations fail victims to innumerable pests and diseases. (See the Resettlement Scheme submitted by A. H. A. Todd, I.C.C., Collector of Ganjam, forwarded to the Secretary to the Commissioners of Land Revenue and Settlement, Madras on 19-4-1924 - Ext. A18) This litigation is one fact of the history of the period.

3. The litigated property is what was once a dense forest on the Wynad plateau of Western Ghats known by the name 'Karinkanni Mala,' perhaps figuratively so named as the 'Black Eyed Mountain.' If its geography abounds about 463.45 acres of land, its history spans more than a century going by the records and evidence in the case. It unfolds the entrepreneurial expansion of Samuel Aitken Miller referred to above. He prospered, initially in his family and in his fortunes, alike. Marrying Allison Addis at St. Andrew's Church, Madras on 10th November, 1869, he increased the family strength by seven children, Catherine Stuart, William Addis, Stuart Aitken, Alice Addis Stuart, Margaret Stuart, Maud Stuart and John Stuart, between 1870 and 1882. (See Ext. B32) He became owner of other estates such as Elk Hill (as is evident from Ext. A2 dated 8-8-1888) and Alikundi Estate (as seen from Ext. A8 dated 28-11-1882). Later the activities waned, until, ultimately he was received in the grave, grave No. A/451 of Kilpauk Cemetary, Madras (See Ext. B33).

4. The relevant facts and the short history of the litigation are given below.

5. That the property belonged to Thariyod family appears to be beyond controversy. It appears that the tarwad obtained the property by a jenmom assignment deed of 1035 M. E. executed by Swaminatha Pattar in favour of Elechi Akkamma, an ancestress of the tarwad (Ext. A21 judgment). Ext. A1 dated 23-2-1865 is a registered jenmom deed executed by Thariyod Chandu Nair in favour of S. A. Miller. The legal efficacy of this document is contested by the