MEPPILACHERI KUNINGARATH KUNHI SOOPI Vs. MEPPILACHERI KUNHINGARATH KUNHIAVULLA

JUDGEMENT

(1.) The second defendant in O. S. No. 830 of 1953 of the court of the District Munsiff of Nadapuram was the appellant in A. S No. 257 of 1957 of the court of the Subordinate Judge of Badagara. He is also the appellant in this second appeal.

(2.) The plaintiff in O. S. No. 830 of 1953 was the first respondent in this second appeal. He is now no more. The fourth respondent was recorded as his legal representative by the order dated 31 5 1966 on C. M. P. No. 2895 of 1966.

(3.) O. S. No. 830 of 1953 sought a declaration that the plaintiff was entitled to the tenancy right created under a marupat dated 31 5 1923. It was common ground that the second defendant had obtained the rights of the jenmi. The question that arose for consideration was whether the plaintiff had obtained the tenancy right under the marupat by an assignment dated 14 8 1952 in the name of the first defendant benami for himself as contended by him.