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Kozhikot Kizhakka Kovilagath Sri Manavedan Alias Valia, Kunhunni Rajah Avergal Vs. the Present ZamorIn Rajah of Calicut Represented by the Estate Collector - Court Judgment

LegalCrystal Citation
SubjectCivil;Property
CourtChennai
Decided On
Reported in(1919)36MLJ103
AppellantKozhikot Kizhakka Kovilagath Sri Manavedan Alias Valia, Kunhunni Rajah Avergal
RespondentThe Present ZamorIn Rajah of Calicut Represented by the Estate Collector
Excerpt:
- .....of the family (who was not also the father of the other members).2. the defendant in this case did not take any steps to discharge the burden of proof and the disputed alienation was a lease for 72 years by an old gentleman almost' on his deathbed in favour of a near relative. we therefore hold that the lower court rightly decided that the alienation was not binding on the successor of the grantor. the letters patent-appeal must be dismissed with costs.
Judgment:

1. The party who alleges that an alienation by a stani is valid beyond the life-time of the grantor, that is, that it is binding on his successor, ought to prove that the alienation was for the benefit of the estate or (to put it in a different way) was such as would be binding on the other members of a Joint Hindu family if made by a manager of the family (who was not also the father of the other members).

2. The defendant in this case did not take any steps to discharge the burden of proof and the disputed alienation was a lease for 72 years by an old gentleman almost' on his deathbed in favour of a near relative. We therefore hold that the lower court rightly decided that the alienation was not binding on the successor of the grantor. The Letters Patent-appeal must be dismissed with costs.


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