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1974 Supreme(Mad) 300

P.S.KAILASAM, VARADARAJAN
Esakki Palpu – Appellant
Versus
Cherian Kochan – Respondent


Advocates:
P. Ananthakrishnan Nair, for Appellants; S. Padmanabhan, for Respondents.

Judgement

VARADARAJAN, J. :- The appellants in this Letters Patent Appeal are the plaintiffs in O. S. 349 of 1956 on the file of the District Munsif Court, Kuzhithurai. They filed that suit for declaration of their title to S. No. 293 which is the northern half of Naduvalaporayidom in Lekkom 455, the total extent of which is said to be 4 acres 29 cents. Their case was that the entire lekkom 455 originally belonged to Chemban Mallan and Raman Narayanan. In the settlement the northern half belonging to Chemban Mallan became S. No. 293 and the southern half belonging to Raman Narayanan became S. No. 294. The appellants alleged that Chemban Mallan executed a vellola mortgage or othi over S. No. 293 in favour of one Devi Badrakali for fanams 253. Devi Badrakali assigned that mortgage in favour of one Boothathan Poonan Perumal, the ancestor of Padmanabhan Ooli and Ponnan Cherian. Padmanabhan Ooli and Ponnan Cherian were in possesion of S. No. 293. Chemban Mallan executed a chora othi, which is an irredeemable mortgage amounting to a sale, in respect of S. No. 293 in favour of one Esaki Padmanabhan on 22-11-1050 M. E. and conveyed the Jenmom right in the land. Esakki Padmanabhan died leavi































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