NANU NAIR Vs. KANTAN ASHTA MOORTHI NAMBUDRIPAD

JUDGEMENT

(1.) The plaintiff s case is that the properties in suit belong to his mana in jenmi, that they were demised by two kanom-deeds in the year 1840 to two ladies, who were members of the defendants tarwad, and that the defendants have denied his jenmi title. He sues to recover possession and michavaram on payment of the kanom amount. The defendants pleaded that the properties did not belong to the plaintiff s mana and alleged that they were their tarwad properties. They also denied, the demises sued on.

(2.) The District Munsif held that the demises were not proved and dismissed the suit. On appeal, the Subordinate Judge came to the conclusion that the demises sued upon were true and that the plaint lands were held under them." He reversed the decree of the District Munsif and remanded the suit.

(3.) An appeal was preferred to the High Court against this order of remand. The learned Judges who heard it pointed out that as the District Munsif did not dispose of the suit on a preliminary point, the order of remand was wrong. They set aside that order and directed the Sub-Judge to re-hear the appeal after calling for findings on the Other issues raised in the case.