JANARDHANAN Vs. KUPPANDY

JUDGEMENT

(1.) THE plaintiff in O. S. No. 316 of 1951 of the Court of the District Munsiff of Palghat is the appellant in this second appeal. THE suit was for redemption and recovery of possession of the items of property specified in the plaint and for consequential reliefs. THE trial court said: "in the result, the suit is decreed for redemption and possession against the defendants with future purappad at the rate of 110 paras of paddy a year on payment of Rs. 222-13-9 as mortgage amount and Rs 194-2-6 as value of improvements. Set off allowed. Both parties to bear their costs "

(2.) THE defendants appealed to the Court of the subordinate Judge of South Malabar at Palghat. THE judge allowed the said appeal, A. S. No. 117 of 1954: "in the result, the appeal is allowed, the decree of the lower court is modified and the plaintiff is given a decree for Rs. 449-11-8, the arrears of purappad claimed in the plaint, and costs of suit. THE suit for redemption and possession is dismissed with costs of the defendants. In appeal the appellants will get their full costs from the respondent. "

(3.) WHAT the Legislature has done is only to specify the usual Malayalam expressions for the transferee and the consideration in such cases so that the meaning may be clear and confusion avoided when those expressions are used, Both the words "kanomdar" and "kanartham" occur in subsequent portions of the Act.