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Rayarath Parkum Kuruman Kandiyal Kombilan Ammotti Vs. Kottekulath Kunhi Sankaran Adiodi - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in37Ind.Cas.83
AppellantRayarath Parkum Kuruman Kandiyal Kombilan Ammotti
RespondentKottekulath Kunhi Sankaran Adiodi
Excerpt:
limitation act (ix of 1908), schedule i, articles 110, 116 - bent, suit for--kanom, expiry of--accrual of rent after expiry--limitation. - 1. the second appeal is argued only on the plea of limitation. it is urged with reference to seydarakath kakkachi v. valiarath muhamad kutti (1) that article 110, not article 116, of the limitation act is applicable. in that case, however, the question was of a tenant holding over after the expiration of an ordinary lease. here it is of a kanomdar; and the kanom tenure, involving the taking of an account for the whole period of the kanomdar's occupation, is not, in our opinion, subject to the legal incidents of a lease in this respect.2. the second appeal is dismissed with costs.
Judgment:

1. The second appeal is argued only on the plea of limitation. It is urged with reference to Seydarakath Kakkachi V. Valiarath Muhamad Kutti (1) that Article 110, not Article 116, of the Limitation Act is applicable. In that case, however, the question was of a tenant holding over after the expiration of an ordinary lease. Here it is of a kanomdar; and the kanom tenure, involving the taking of an account for the whole period of the kanomdar's occupation, is not, in our opinion, subject to the legal incidents of a lease in this respect.

2. The second appeal is dismissed with costs.


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