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1934 Supreme(Mad) 221

PAKENHAM WALSH
Kizhiakalathil Puthan Seettil Thavazhi Karnavan Gopalan Nair – Appellant
Versus
Manikat Variath Ukkali Varissiars Son Sankunni Variar – Respondent


JUDGMENT

Pakenham Walsh, J.

1. The legal representative of the 2nd plaintiff in the suit is the appellant in this Court. Under Ex. B, dated June 26, 1919, the 2nd plaintiff got a melcharth of the suit property from the first plaintiff the sthani. The previous demisee who was the 1st defendant, had a kanom which did not expire till 1922. The 1st plaintiff (the sthani) and the 2nd plaintiff waited till the expiry of the [previous demise, and then instituted a suit for redemption. The 1st defendant transferred his rights to the 2nd defendant, who is now the principal contesting defendant and he impugned the validity of the melcharth and in the alternative claimed reclamation expenses in case the melcharth be found good. During the pendency of the suit, the 1st plaintiff died and the 15th defendant came on the record as his legal representative. He did not prosecute the suit but contented himself with appearing as a defendant and disputed the validity of the melcharth Ex. B, and he further executed a renewal in favour of the 2nd defendant. During the pendency of the appeal the 15th defendant died and his legal representative came on the record as 20th respondent. He supported the appella











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