GODANANDA BRAHAMANDA BHOOTHI SWAMIYAR Vs. KORAH THOMMI

JUDGEMENT

(1.) SINCE the main question, for decision in these two appeals is the same, the two appeals were heard together and they are disposed of by this common judgment. The decree in O.S. No. 506 of 1121 on the file of the Ettumannoor District Munsiff's Court has given rise to S.A. No. 648/1124, while the decree in O.S. No. 605 of 1121 on the file of the same Court has given rise to S.A. No. 527 of 1950.

(2.) THE Plaintiff in the two suits is the same. O.S. No. 605 of 1121 is for recovery of possession the plaint property from the Defendants who in possession and enjoyment of the same on strength of the kanom, deed Ex. I dated 23 -8 -1076, executed by the Plaintiff in favour of Defendant's father. Ex. A is the countered executed by the tenant in favour of the Plaintiff. According to the Plaintiff the demise under Ex. A or Ex. I is only a redeemable mortgage and accordingly redemption is sought for after setting off the arrears of michavaram and other dues due under Ex. A against the kanom amount. Future mesne profits have also been claimed.

(3.) IT may be stated here that in view of the lower Court's finding that the Plaintiff is entitled only to recover arrears of jenmi karam in both those suits, the other issues raised in the two suits on the contentions of the parties have not been considered and decided by the lower Courts.