NARAYANAN NAMBOODIRI KARNAVAN Vs. APPUKUTTY NAIR
HIGH COURT OF KERALA
NARAYANAN NAMBOODIRI KARNAVAN
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(1.) The suit instituted by the plaintiff who is the appellant for declaration of his title to and for recovery of the plaint schedule property was concurrently dismissed by the Courts below.
(2.) The plaint property admittedly belongs to the Illom of the plaintiff. The plaintiff's case is that it was entrusted to the first defendant who was the kariastha of the Illom for some time by the plaintiff's father deceased Kesavan Nambudiri. The first defendant ceased to be the kariastha of the Illom in the year 1132. But out of consideration for the first defendant the property was not resumed and he was allowed to be in enjoyment of the property. The first defendant executed Ext. A-1 lease on 12-2-1958 in favour of his son who is the second defendant. In view of Ext. A-1 the plaintiff is entitled to recover possession of the property.
(3.) The first defendant while admitting the title of the plaintiff's Illom to the plaint property contended that he is a lessee of the plaint item. Ext. A-1, was executed in favour of the second defendant with the consent of the plaintiff and he has no right to recover possession of the plaint schedule property.;
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