CHAKTYIL VATAKATHRE ICHIKUTTI NANGA S SON PARAMA TARAGAN Vs. THIRUMANDHANKUNNU DEVASWOM URALERS CHRRIACHAN VEETIL GOVINDACHAN HOLDING THE STANOM OF PATIPPURAKAL GOVINDACHAN

JUDGEMENT

(1.) The appellant before us (2nd plaintiff) has obtained a mekharth

(2.) The appellant cannot succeed unless the 1st plaintiff had a legal right to give the mekharth to the appellant.

(3.) The 1st plaintiff can have had no such right unless he had been invested with proper authority from the uralers to grant a mekharth. The authority relied upon is a deed (Exhibit C) which begins by reciting that it is executed by all the six uralers of the devaswom, but is really signed by only five of them. It is, therefore, an incomplete document and the 1st plaintiff cannot be legally invested with any authority on the strength of that document. [See Amribham Pillai v. Nanjah Gounden 23 Ind Cas. 4f54 : 26 M.L.J. 257 : 15 M.L.T. 205 : (1914) M.W.N. 250 : 1 L.W. 243.]. The 2nd plaintiff s (appellant s) claim to redeem was, therefore, rightly rejected and this second appeal is, therefore, dismissed.