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1940 Supreme(Mad) 319

WADSWORTH
Athipatte Manakkal Karnavan and Manager Krishnan Nambudris son Itteeri Nambudiri – Appellant
Versus
Pachilangottil Narayana Ammas son Sankunni Nair – Respondent


JUDGMENT

Wadsworth, J.

1. This revision petition raises questions under Sections 15 and 16 of Madras Act IV of 1938. The petitioner here is the jenmi. The application filed in the lower Court was made by a number of persons claiming to represent the whole of the interest in the kanom right. The original kan9m demise was made On 10th June, 1919, under Ex. A to the tarwad of which some of the present applicants were then members. There was a partition in the tarwad of the kanomdars and various tavazhis became entitled to portions of the kanom right. Some of these tavazhis alienated their rights and the present application under Section 15 was made by all the persons interested in the kanom right whether as representing the tavazhis of the original kanomdars tarwad or as alienees from such tavazhis. The trial Court held that the application was valid and reduced the rent payable in accordance with the terms of Section 15.

2. Two contentions were argued on behalf of the jenmi before us. Firstly, it was contended that the application was bad in that it was a joint application made by a number of persons some of whom were alienees of portions of the land from the original kanomdars, while o







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