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Pilakkatan Chetttotan Tharamal Kunhamma and ors. Vs. Vazhakarambath MoidIn Kutti and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in34Ind.Cas.755
AppellantPilakkatan Chetttotan Tharamal Kunhamma and ors.
RespondentVazhakarambath MoidIn Kutti and ors.
Excerpt:
malabar law - kanom, subsisting--melkanom, grant of--whether void, or voidable--kanom term, expiry of--tenant, together can plead that he should hold on. - 1. a melkanom during the subsistence of a previous kanom is not void altogether, but is only voidable at the instance of the members of the tarwad who were not parties to it. in this case it is found that the only remaining member of the tarwad has recognized the melkanom granted by his predecessor. the defendant whose kanom has expired is not entitled to plead that he should hold on even after the expiry of his term,2. the decision of the lower appellate court is right. the second appeal is dismissed with costs.
Judgment:

1. A melkanom during the subsistence of a previous kanom is not void altogether, but is only voidable at the instance of the members of the tarwad who were not parties to it. In this case it is found that the only remaining member of the tarwad has recognized the melkanom granted by his predecessor. The defendant whose kanom has expired is not entitled to plead that he should hold on even after the expiry of his term,

2. The decision of the lower Appellate Court is right. The second appeal is dismissed with costs.


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