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1911 Supreme(Mad) 78

Kunyil Parkum Putthukkayi Kottayi Kanaran – Appellant
Versus
Varanakot Illath Ganapathi Nambudri – Respondent


JUDGMENT

1. Appeal No. 102 of 1908 - The 3rd defendant has preferred this appeal against the decree of the District Court of North Malabar, decreeing redemption of a kanom demise of the year 1870, made in favor of one Kunhi Lakshmi Kettilamma, the mother of the 2nd and 3rd defendants, by Iswaran, the 12th defendants predecessor in title. The 1st defendant is the brother of Kunhi Lakshmi. Exhibit A is the demise sued on and it is executed by Iswara Vadhyan as the jenmi of the properties. It does not appear that there was any counterpart or kaichit executed by the demisee, but admittedly the demise was accepted by Kunhi Lakshmi who would seem to have been in possession of it on Putravakasam tenure. The property therefore seems to belong to the children of Kuuhi Lakshmi, who are entitled to hold them as tavazhi property with the incidents of such property under the Marumakathayam Law. There seems to be a dispute between the 2nd and 3rd defendants with respect to the question whether the 2nd defendant has any right to the property. But this dispute is immaterial for the disposal of this case. The plaintiff alleges inter alia that the property is held under the demise by the 2nd and 3rd















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