ITHAPPIRI VARKEY Vs. GOVINDAN NAMBUTHIRIPAD

JUDGEMENT

(1.) This is a defendants appeal in a suit for declaration that more jenmikaram than settled is due and for recovery of arrears on such basis. The suit was dismissed by the Trial Court as barred by limitation but allowed by the lower appellate court as not so barred.

(2.) The Jenmikaram Settlement in respect of the plaint property took place on 30.6.1110 vide Ext. I. The Government commenced collection of the jenmikaram as so settled on behalf of the jenmi from 1117. It is the plaintiffs case that enhanced jenmikaram was really due and the defendant tenant made up the deficit for 1117. See Ext. D (1) and E Nalvazhi and Thandaper accounts maintained by the plaintiff in the name of the defendant. The cause of action was said to arise on the defendants failure to comply with the plaintiffs demand to execute necessary record for assessing the correct jenmikaram and pay the arrears from 1118. The suit was accordingly laid on 29.3.1125 for declaration as to the proper jenmikaram due and for realisation of the arrears.

(3.) The defendant denied the payment in 1117 as alleged and asserted that the claim made by the plaintiffs was excessive and could not be allowed. He also pleaded limitation.