PONNALAYIMALAYIL ARIYAYI Vs. EDAKKAT N. A. KARUNAKARAN VYDIYAR

JUDGEMENT

(1.) The second appeal raises a nice question of law.

(2.) Defendants 2, 4 to 6 and 8 to 14 in O. S. 132 of 1963 on the file of the Munsiff's Court of Nadapuram are the appellants. The suit is filed in the following circumstances.

(3.) The plaint property belongs in jenm to the Puthravakasom tavazhi of the plaintiff and the 7th defendant, the plaintiff being the karnavan of the tavazhi since 15th of October, 1949. The prior Karanavan of the tavazhi Chathu Vaidyar had demised the plaint property and two other items belonging to the tavazhi on kanam on 26-8-1930 to Pokkinan. The 7th defendant who is a junior member of the tavazhi had filed O. S. 39 of 1951 on the file of the Subordinate Judge's Court, Tellicherry to set aside the kanam and to recover possession of the properties therein against defendants 1 to 6 who were impleaded as defendants 2 and 4 to 8 and the kanamdar. The occupation of the building in the plaint property by these defendants was admitted in O. S. 39 of 1951. Defendants 1 to 6 contended that they had been in possession of the plaint property even prior to the kanam and they are not liable to be dispossessed even if the kanam is set aside. The plaintiff in O. S. 39 of 1951, that is the 7th defendant submitted that he would work out his claims against defendants 1 to 6 in a separate suit and in view of this submission the suit was decreed leaving open the rights of defendants 1 to 6 in the plaint property. In execution of the said decree the kanamdar was dispossessed on 14-9-1953.