This is a second appeal preferred against the decree and judgment of the learned District Judge of North Malabar in A.S. No. 12 of 1946, reversing the decree and judgment he learned District Munsiff of Badagara in O.S. No. 763 of 1944.

The suit property belonged in jenm to one Koiloth tarwad. This property along with another property was granted on a kanom of Rs. 1,600 to the 1st defendant’s father one Krishnan Nambudiri by the then karnavan and the other members of the Koiloth tarwad. Ex. P-1 is the marupat executed by Krishnan Nambudiri to the Koiloth tarwad. Subsequently there was a partition karar in this Koiloth tarwad by which the tarwad got divided into two tavazhis known as Koiloth and Kuningat. The properties included in the marupat Ex. P-1 were equally divided. Half the properties and half the kanom were allotted to Koiloth tavazhi and the other half to Kuningat tavazhi. The entire rent payable by the 1st defendant’s predecessor was 30 edanglis of paddy. The rent also was equally divided between the two tavazhis. This karar was in 1922. Subsequent to this karar the properties were enjoyed as per the terms of the karar. The suit property was held under the Kuninga