KUMARAN UNNI Vs. MUHAMMED KANI

JUDGEMENT

(1.) This is an appeal by the plaintiffs against the decree and judgment of the learned Subordinate Judge, Palghat confirming the dismissal of their suit O. S.350/49 by the learned District Munsiff of Palghat.

(2.) The suit was for redemption and recovery of possession of the plaint properties with arrears of Purappad etc., on the strength of a Karipanayam executed by the plaintiffs to the 1st defendant on 29-7-1938, Ext - Al in these proceedings. The suit was resisted by the defendants on the ground that the plaintiffs have no title to the properties on the date of the execution of Ext- Al. It was also particularly contended by the 2nd defendant that he has become the decree holder purchaser of the suit properties on 8-8-1932 in execution of his mortgage decree in O.S. 421/1937 District Munsiffs Court, Ottapalam, and if at all, he can only be a Kanom tenant and not bound by Ext- Al.

(3.) Both the lower courts have accepted the contention of the defendants and dismissed the plaintiffs suit.