MUTHAKKE ALIAS KALAVATHI Vs. DEVANNA RAI

JUDGEMENT

(1.) This appeal is preferred against the judgment and decree in O.S. No. 37 of 1985 on the file of the Sub Court, Kasaragod. Appellants are the plaintiffs in the suit. The suit was filed on the following allegations :

(2.) The plaintiffs and defendants are related to each other as set out in the genealogy given in the end of the plaint. The plaintiffs and defendants are Bunts by caste, who were formerly governed by the Madras Aliyasanthana Act until this Act was repealed by Kerala Act 30/1976. The properties described in A schedule were allotted to the share of the Kavaru of Chomu shown in the plaint genealogy in O.S. No. 291 of 1949 on the file of the Principal Sub Court, South Kanara.

(3.) The properties described in plaint B schedule belonging in Jenm to the Kavaru of Chomu, were outstanding on usufructuary mortgage. The mortgage was redeemed since then and possession of the redeemed properties was obtained by the Kavaru. The properties described in plaint C schedule form direct kumki and lagthi to plaint A and B schedule properties. The Kavaru has effected vast and valuable improvements in plaint C schedule properties. Applications for assignment to the Kavaru of plaint C schedule properties on darkhast are pending disposal.