OUSEPH Vs. SREEDHARAN MOOTHATHU

JUDGEMENT

(1.) THIS case arises in the Travancore area wherein where is a system called thiruppuvaram which means that the State assigns the right to recover part of the land revenue from the tenant, to the jenmi. The grantee is entitled to recover the part from the tenant who is liable to pay the entire land revenue. The plaintiffs as thiruppuvaram holders (as the grantees are called) sued to recover arrears of thiruppuvaram from the years 1116 to 1122. The defendant-tenant pleaded partial discharge in respect of the amount claimed for 1116. He contended further that on account of the revision of land revenue made in the year 1121 liability for thiruppuvaram which was assigned in favour of the plaintiffs had ceased to exist. Another contention raised related to the price of paddy which was claimed by the plaintiffs at what is called nirak rate which means the price prevailing in the market on the date of the plaint. The defendant's contention upon this point was that the price the plaintiffs are entitled to get is only the commutation price which is 11 chuckrams per standard para as fixed by Government in the year 1081. There was also a contention as regards the liability for the interest on arrears claimed by the plaintiffs.

(2.) THE learned Munsiff found in favour of the defendant upon all the points but the learned judge in appeal by the plaintiffs took a different view and reversed the Munsiff's judgment except as regards the plea of partial discharge of the dues claimed for the year 1116, as regards which there does not appear to have been an appeal to the judge, it having been conceded even in the trial court that the plea was true and may be upheld.