PUTHEMPURAYAL AMMAN PARIYAYI Vs. MANGALASSERI PULLIKKANDI PAKRAN HAJI

JUDGEMENT

(1.) The District Judge bases his decision on the ground that the plaintiff and defendants are co-owners in the Parambas on which the Plaintiff has paid the land revenue, but the allegations in the plaint do not seem to support this view. The Plaintiff ip the plaint alleges that the defendants are by a karar which is not on the record, owners in Jenm right of one of the three parambas contained in the survey-field in question and that he himself is the owner in Jenm right of the. other two. The Plaintiff does not claim any interest in the paramba of defendants, nor admits that the defendants have any interest in his parambas.

(2.) The District Munsiff gave him leave to amend his plaint and on the Karar by which the parambas were divided but he failed to take advantage of the opportunity so given. If then the District Judge s order is to be supported it must be on the ground that the fact that the Survey field is undivided for purposes of the assessment of the land revenue upon it, brings the case within the rule established so far as we are concerned by the Full Bench of this Court in Rajah of Vizianagaram v. Rajah Setrucherla Somasekhara-raz (1902) I.L.R.25 M. 581.

(3.) Now in that case both Bhashyam Aiyangar J. (in the referring order) and Benson], were inclined to hold that Sections 82 and 100 of the Transfer of Property Act were applicable and the former learned judge points out (at page 709), that those sections would clearly have applied but for the fact that the property then in question was not strictly the " several properties of several owners." Here on the plaint the parambas are the several properties of several owners and they are all charged by reason of the Revenue Recovery Act, with the payment of a single debt, the revenue assessed on the survey field. I have no doubt that Bhashyam Aiyangar J. and I think also Benson would have held in the present case that the plaintiff is entitled to a charge by virtue of Section 82, Transfer of Property Act read with Section 100.