(1.) The appeal and Civil Revision Petition are both presented by the plaintiff in O.S. 238 of 1122 on the file of the District Judge of Anjikaimal which was dismissed by the Judge by his decree dated 16th Makaram 1124 consequent upon the order passed by him on M. P. 336/1123 filed by the 4th defendant praying for condonation of forfeiture under Act VI of 1122 (Cochin) which amended the Cochin Verumpattamdars' Act VIII of 1118. The suit was for eviction of a verumpattam holding on account of arrears under clauses (c) and (d) of S.8 of the Verumpattamdars' Act, VIII/1118. The appeal is filed against the decree and the C. R. P. against the said order which was passed on 26-4-1124.
(2.) S.3 of Act VI of 1122 provides for the substitution of the following:-
(3.) Along with M. P. 336/23 the petitioner deposited in court an amount of Rs. 1,200/- which was admittedly in excess of the total amount that a verumpattamdar should pay or tender at the first hearing to secure condonation of default and continuation of the holding under S.8(2) of the Verumpattamdars' Act as amended in 1122. Though according to the 4th defendant the whole amount claimed in the plaint would, in no view be due to the plaintiffs, it was stated that the deposit was being made in order to secure condonation of forfeiture of the tenancy and in order that he and the other coowners may "hold the property leased as if the default had not occurred". The prayer in the petition was that whatever is found legally due to the plaintiffs by way of arrears of rent, interest and costs may be paid over to them and should there be a balance the same may be returned to the petitioner.