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1949 Supreme(Ker) 12

S.KRISHNA PILLAI, P.I.SIMON
Parameswaran Namboothiripad – Appellant
Versus
Variathu – Respondent


Advocates:
Advocate Appeared:
For the Appellants : T.S. Venkiteswara Iyer
For the Respondents: R.P. Venkitakrishna Iyer, Mathew P. Choolakkel & P. Gopala Menon

JUDGMENT :

S. KRISHNA PILLAI, J.

1. The plaintiff in O.S. No. 128 of 1120 on the file of the District Judge of Trichur is the appellant. The plaint properties of the Malloor Devaswom were outstanding on a Kanom of the year 1081 with one Govinda Adigal. On a Melcharth executed in favour of the first defendant on 3.11.1100 (Ext. VIII) the properties were redeemed and reduced to the first defendant’s possession. The plaintiff who has succeeded to the rights of the Devaswom for collecting the Michavaram which has fallen into arrears and for redemption under the terms of Ext. 8 mortgage of 12.10.1120 has brought the suit for recovery of the arrears and for redemption of the mortgage. The second defendant owns a half share in the tenancy rights of the first defendant and is sought to be made liable along with the first defendant. He denied the liability for Michavaram on the ground that the first defendant was in exclusive possession. The fifth defendant was impleaded as a person in possession of some items but he set up independent title and claimed exoneration from the plaint claim. The lower Court granted a decree for arrears as claimed in the plaint against defendants 1 and 2 except fo











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