PUZHAKKAL KANNAN Vs. KAKKATTA KEEZHALAN AMBU KURUP
HIGH COURT OF MADRAS
KAKKATTA KEEZHALAN AMBU KURUP
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Raghava Rao, J. -
(1.) A rather interesting point has been debated by counsel before me in this second appeal & that is as to the effect Of the admitted division by metes & bounds of certain items of the property of the family of deft. 10 & his deceased brother, upon the status of the family in relation to certain other items admittedly unpartitioned.
(2.) The suit out of which this appeal arises was instituted by the applt. before me as. the assignee of the kanom right of deft. 10 & his deceased brother. The contesting defts. 1 to 9 are sub-kanamdars of the property who are resisting the pltf.'s right to redeem anything more than a hall of the kanom right which alone belonged to deft. 10 at the inception. It is their case that that half interest which so belonged to deft. 10 did not become enlarged by 'jus accrescendi' on the death of his brother because under Ex. P. 4 the two brothers became divided in status in regard to the suit items & one other item with which we are not concerned here. The learned Dist. Munsif of Badagara dismissed the suit altogether. On appeal the learned Dist. J. of North Malabar has decreed the suit in favour of the pltf. as the assignee of a half share from deft. 10 & of defts. 11 to 14 as the heirs of the deceased brother of deft. 10. The learned Dist. J., however, has not made any direction that the value of the improvements claimed by the contesting defts. 1 to 9 should be reduced by a set off of the arrears of rent claimed on behalf of the pltf. & defts. 11 to 14. Nor has the learned Dist. J. awarded interest on the amount of arrears claimed in the suit. The pltf. accordingly appeals to this Ct.
(3.) It is not disputed by Mr. Gopalan Nambiar appearing as 'amicus curiae' for the resps. that even if only the half interest of deft. 10 should be made the subject matter of the decree for redemption, the pltf. is entitled to the set off of the arrears & to the interest as claimed by him to which reference has just been made.;
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