CHACKU Vs. SANKARAN EZHUTHASSAN

JUDGEMENT

(1.) This second appeal presented by the 2nd defendant in O. S. No. 857/1110 on the file of the District Munsiff of Trichur arises out of proceedings in execution of that decree and the only point arising for determination is one of limitation. On account of the importance of the question and the possible frequency of its emergence, the case was referred to a Full Bench by one of us.

(2.) The suit was for eviction of garden lands on foot of two pattamchits of the years 1078 and 1091, executed in favour of the Jenmi who gave a mel pattom (Superior lease) in favour of the plaintiff. By the time of the suit, the leasehold became vested in various persons all of whom were impleaded as defendants 1 to 8, the last and the 9th defendant being the Jenmi himself. The lessees had effected improvements in the property. There was an offer in the plaint to pay the value of the said improvements against which the arrears of and future rent claimed were sought to be set off. Some of the defendants appeared and contested making separate and independent claims for value of improvements in respect of the several parcels of which they claimed possession.

(3.) On 22-8-1111 the Munsiff granted a decree to the plaintiff for eviction on his depositing Rs. 522-12-10 which was the amount fixed by the court as value of improvements upon the entire property. The dispute between the defendants inter se as regards their respective claims in the value of improvements was directed to be determined in a fresh suit to be filed in that behalf. The arrears of rent claimed as also future rent limited to three years from the date of the plaint was decreed.