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1956 Supreme(Mad) 125

RAMASWAMI GOUNDER
Meenakshi Amma – Appellant
Versus
Kizhakke Valath Narayani – Respondent


Advocates:
N. Sundara Ayyar for Appellant.
K.P. Ramakrishna Ayyar for Respondent.

Judgment

These are two connected appeals arising from the decrees and judgment of the learned Subordinate Judge of Ottapalam in A.S. Nos. 97 and 08 of 1950 modifying the decrees and judgment of the learned District Munsif of Chowghat, in O.S. Nos. 299 and 127 of 1949.

The facts are: - Exhibit B-2 is a copy of the pattamchit executed by the defendants’ predecessor Itteeri in favour of the then Karnavan of the plaintiffs’ family and a junior member. That document recites that the properties were already in the possession of Itteeri as a lessee and that he was taking Verumpattam lease with the liability to pay an annual rent of 4572 paras of paddy. Exhibit B-3 is a possessory mortgage deed executed by the Karnavan and a junior member of the plaintiffs’ tarwad to Itteeri’s son Velu in respect of the properties. It recites that the properties were possessorily mortgaged to Velu for a sum of Rs. 250. It also recites that the properties were in the possession of Velu as a tenant The document finally states that out of the pattam of 45 paras and 3¾ narayams of paddy, 35 paras might be appropriated by Velu towards the interest on the mortgage amount and that the balance of 10 paras 3¾ narayam




















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