M P KADUNGON Vs. E K KADUNGON

JUDGEMENT

(1.) The question to be considered is whether the revision petitioners and the first respondent have leasehold right in the property or the revision petitioners alone have it. The property originally belonged to the Tarwad of respondents 2 to 8 in Jenm. As per registered marupat deed No. 1506 of 1901 the property was leased to Pottankulathil Ambu. Ambu assigned the property to Thottan Ambu and his sister Mani as per document No. 2208 of 1909. Ambu died and his share in the property devolved on his brother Kannan, Kannan assigned his right in the property to Nambi as per document No. 1852 of 1913. This relates to eastern half of the property. Thottan Ambu's sister Mani assigned her right in the property to Bruvadi as per document No. 1060 of 1916 (Ext. P1).

(2.) It is the case of the revision petitioners that after Nambi's death his right in the property devolved on his brother Kadungon, that the latter assigned his right to Kunhipatti by Ext P-2 document on 13-11-1924 and that the revision petitioners who are the legal representatives of Kunhipatti are entitled to the property. Revision Petitioners further contended that after the death of Eruvadi her right in the western half of the property devolved on her daughter Kunhipatti and son Kunhambu, that Kunhipatti alone was exercising acts of possession over the entire property, that she alone had made improvements in the property and that Kunhambu's right, if any, was lost by adverse possession and limitation.

(3.) First respondent contended that the property belonged to Nambi and his wife Eruvadi and after their death it devolved on Kunhipatti and Kunhambu and that by registered Kuzhikkanam assignment deed dated 18-6-1951 Kunhambu had assigned his right in the property to him as per Ext R-l document and hence he is entitled to half property.