KUTHALI MOOTHAVAR Vs. PERINGATI KUNHARANKUTTY

JUDGEMENT

(1.) This is an appeal from a decree dated December 3, 1917, of the High Court of Judicature at Madras, which allowed in part an appeal from a decree dated March 20, 1916, of the Court of the Temporary Subordinate Judge of Tellicherri. The suit was brought by the present appellant to establish his title to thirty-four hills in the North Malabar district The decree of the Subordinate Judge was in favour of the respondent with regard to ten of the hills, comprising, roughly stated, the north and north-east portion of the group of thirty-four. No question is raised in this appeal with regard to those ten hills, it being conceded that the defendant has a title thereto.

(2.) The still outstanding issue between the parties, however, is as to the remaining group of hills, twenty-four in number, which may be said in general terms to form the southern half of the entire group which was originally in suit and to be bounded on the south by the Peruvanna River. With regard to those twenty-four hills, the decree of the Subordinate Judge was in favour of the plaintiff, while the judgment of the High Court favoured the defendant, The plaintiff has appealed to this Board.

(3.) The appellant is the head or karnavan of a Nayar tarwad or family in Malabar, called on the record the Kuthali Nayar. The defendant in the suit was, and the respondent in the present appeal became on his death, the head or karnavan of a Moplah tarwad in the same district. Shortly put, the question in the appeal is : are the lands which are the subject of the appeal the property of the Kuthali, the appellant's family, or of the Moplah, the respondent's family?