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Kolakott Kunhamabu and ors. Vs. Kottayath Kizhakke Kovilakath Kerala Varma Valia Rajah Avergal (Died) and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1911)21MLJ56
AppellantKolakott Kunhamabu and ors.
RespondentKottayath Kizhakke Kovilakath Kerala Varma Valia Rajah Avergal (Died) and ors.
Excerpt:
- .....shall live' and we have not been shown any authority for holding that this qualifying phrase ought to be understood as equivalent to 'as long as your tarwad exists.' we are, therefore, unable to say that the lower courts are wrong in refusing to admit a saswatam right in the defendants and we dismiss the appeal with costs. the time for redemption is extended to two months from this date.
Judgment:

1. The sentence which we are asked to construe as importing a permanent tenure is the following:

There will be no objection to the land being held by you and your Anandravans as long as you and your Anandravans shall live.

2. It might be difficult to refuse to accede to the contention that the phrase 'you and your Anandravans' when used in deeds of transfer in Malabar ordinarily implies an absolute transfer, but here we have this phrase qualified by the limitation 'as long as you and your Anandravans shall live' and we have not been shown any authority for holding that this qualifying phrase ought to be understood as equivalent to 'as long as your tarwad exists.' We are, therefore, unable to say that the lower Courts are wrong in refusing to admit a saswatam right in the defendants and we dismiss the appeal with costs. The time for redemption is extended to two months from this date.


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