KRISHNAN EZHUTHASSAN Vs. NANIKUTTY AMMA

JUDGEMENT

(1.) This second appeal is by the 1st defendant in a suit for declaration which has been decreed against him concurrently by the courts below.

(2.) The disputed property is S. No. 192 in Thengallur Village in Talappilli Taluk. It is 4 acres 98 cents in extent and scheduled as A to the plaint. Schedules B, C, D, and E are various portions of the A schedule and entered for purpose of denoting the possession of different persons. Thus defendants 2, 3, and 4 were in separate possession at date of suit of the B, C, and D schedules and defendants 5 to 10 were in possession of the E schedule. These persons were claimed by the plaintiff to be tenants under him, defendants 2, 3, and 4 having each taken Exts. D, E, & F leases all in 1121 from the plaintiff for the respective properties in their possession. The plaintiffs complaint was that his tenants above said had in the persuasion of the 1st defendant, rival title holder, acknowledged the latter recently as their landlord and it has been rendered necessary in consequence to assert his title and get it declared through court. Subsequent to the institution of the suit the plaintiff has amended the suit to one in ejectment but leaving the option to the tenants to continue in possession under the plaintiff.

(3.) According to the plaintiff, the land belonged in jenmom to the Manakkulom Swaroopam represented by the defendants 15, 16 and 18, and was outstanding on kanom from the swaroopam from 1049 in favour of stranger tarwad. The plaintiffs family obtained assignment of the kanom in 1055 under Ext. Q and later on got renewal in their own name under Ext. A or P on 23-5-1091. In the partition in plaintiffs family under decree of court in O. S.98 of 1105 the property fell to the plaintiffs share and he obtained symbolical possession under Ext C on 16-8-1121. He has filed this suit on 3-12-1121.