Decided on September 30,1964

MADHAVI AMMA Respondents


- (1.) In this Civil Miscellaneous Appeal Mr. K. Raghavan Nair, learned counsel for the defendant appellant, challenges the order of remand passed by the learned District Judge, Tellicherry directing the Trial Court to take up the application filed by the respondent for fresh consideration under S.11 of Kerala Act 31/58.
(2.) It is seen that the properties comprised in the C.M.A. along with certain other properties were owned in Jenmom by an Illom called Pulikkal Illom. It is also seen that the said Illom executed what purports to be kanom documents dating from 1870 evidenced by Ext. B 1 and ending with Ext. B 5 dated 15-5-1924. Ext. B 1 is of the year 1870 relating to 3 items and Ext. B 2 is dated 27-4-1877 and in the said document two more items are included and those items are the subject of the transactions covered by Exts. B 3, B 4 and B 5 dated 18-8-1893, 5-4-1910 and 15-5-1924 respectively.
(3.) Those documents are in favour of the defendant's tarwad. There is no controversy that there was a partition in the defendant's tarwad in 1945 and under that arrangement the appellant was apportioned a kanom amount of Rs. 448-3-8 and a kanom amount of the same value was also apportioned to the mother of the respondent. There is also no controversy that the mother's share is accrued to the benefit of the respondent. This respondent has become entitled to a kanom amount of Rs. 896-7-4. It is stated that the said partition document karar provides that the sharers are to accept the apportioned kanom amount when paid and the kanom has to be extinguished accordingly.;

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