ITTYAVIRAH Vs. SRI SUBRAMONIASWAY DEVASWOM
LAWS(KER)-1963-9-22
HIGH COURT OF KERALA
Decided on September 12,1963

ITTYAVIRAH Appellant
VERSUS
SRI SUBRAMONIASWAY DEVASWOM Respondents


Referred Judgements :-

MOKSHAGUNAM SUBRAMANIA AIYAR V. S. V. RAMAKRISHNA AIYAR [REFERRED TO]
INDIAN COTTON CO. LTD. V. RAMACHANDRANLAL CHUNNILAL [REFERRED TO]


JUDGEMENT

- (1.)A. S. Nos. 440 and 543 of 1959 have arisen in O. S. No. 39 of 1950 on the file of the Subordinate Judge, Kottayam, which is for recovery of two items of landed property with mesne profits. Plaintiffs therein claim to be the lessees of the properties, 4 odd and 17 odd acres respectly in extent, under the Neendoor Subrahmaniaswami Devaswom. They claim to have been in possession of the properties in 1122 and been ousted by defendants in 1123. The 2nd defendant therein is a rival claimant to item 1. He asserted that that was his absolute property and had subsequently instituted O. S. No. 130 of 1952 in the same court to establish his title thereto. The 1st defendant in O. S. No. 39 claimed to be the purchaser of the rights of a prior lessee of item No. 2 under the Devaswom and denied liability to surrender it to the plaintiffs. Based on the removal of crops on the two items by the defendants which the plaintiffs claim to have had raised, the latter have instituted O. S. No. 291 of 1124 for damages. These three suits were tried jointly and disposed of together. O. S. Nos. 39 and 291 were allowed in regard to item No. 1 and the crop thereon and dismissed in regard to item No. 2 and its crop; and O. S. No. 130 dismissed. It is convenient in the circumstances to refer to the parties by their position in O. S. No. 39. A. S. Nos. 419 and 440 are by the 2nd defendant against the dismissal of his suit O. S. 130 and the decree regarding item No. 1 in O. S. 39. A. S. Nos. 542 and 543 are by the plaintiffs against the dismissal of their suits O. S. 291 and 39 as regards item No. 2 and its crop.
(2.)Item No. 2 along with others is stated to have been leased by the Devaswom to the Koyikkal family whose interests devolved on Mathu Korula. For resumption of the property with arrears of rent, the Devaswom instituted O. S. No. 958 of 1107 against Mathu Korula and his assignee Cheriyan Varghese. It was decreed on 5-2-1110. Ext. A is a copy of that decree. It was assigned by the Devaswom in favour of Mathen Simon as per Ext. O dated 10-1-1111. The same day the Devaswom granted a lease of both the items to Mathen Simon, which is evidenced by Ext. LX here.
(3.)Before the institution of the aforesaid suit, Mathu Korula had on 28-7-1102 hypothecated his leasehold interest along with other properties to Nilakanta Iyer, the father of D. W. 4, who enforced the same in O. S. No. 17 of 1107 and purchased the interest on 1-4-1110 and took delivery on 13-7-1110 evidenced by Ext. XV, attested by Cheriyan Varghese.
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