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1944 Supreme(Mad) 234

Parambath Chattankandy alias Ponnambalath Parapravan Mammu Haji – Appellant
Versus
Nitumkandathil Koyakutti – Respondent


JUDGMENT

1. The plaintiff who has failed in both the lower Courts in his attempt to set aside a lease granted by the preceding karnavan is the appellant before me. The tarwad possesses among other properties an extensive forest in the Western Ghats which was hot explored till the respondent appeared on the scene and offered to take a felling contract of the trees in that forest. There were three documents which were executed in favour of the defendant in succession, Exs. D-3, D-2 and D-1. Ex. D-3 was executed on the 15th March, 1941, for a, period of three years. On the 30th June; 1941, about 3,1 months later owing to certain difficulties which are mentioned in Ex. D-2, a fresh document was executed for a period of three years. After the defendant worked in the forest for sometime and when further difficulties were found, the suit document was executed on 5th March, 1942, for a period of ten years (Ex. D-1). The plaint was filed on the 1st April, 1942, within a month after Ex. D-1 for a declaration that the lease is not binding on the tarwad and for an injunction restraining the defendant from exercising any right under Ex. D-1, The wording of the prayer is that the Court may be ple




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