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P.M. Narayana Nambudri Vs. Muhammad and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in15Ind.Cas.844
AppellantP.M. Narayana Nambudri
RespondentMuhammad and ors.
Cases ReferredMuthuvaien v. Sinna Samavaiyan
Excerpt:
mortgage - kanom--landlord and tenant--lease--right of landlord to possession--tenant, whether can dispute landlord's possession--estoppel--evidence act (i of 1872), section 115. - 1. we think that,, as the defendants got into possession as kanomdars under the plaintiff, they are bound to restore his possession before. they can set up an independent title code on ejectment, page 216 muthuvaien v. sinna samavaiyan 28 m.p 526 : 15 m.l.j. 419. we must, therefore, set aside the decrees of the lower courts and give the plaintiff a decree as prayed for. improvements, according to the district munsif's finding, shall be paid for. plaintiff will have costs throughout from respondents nos. 3. 1 to 6 and nos. 13 to 15. times for redemption will be six months from this date.
Judgment:

1. We think that,, as the defendants got into possession as Kanomdars under the plaintiff, they are bound to restore his possession before. they can set up an independent title Code on Ejectment, page 216 Muthuvaien v. Sinna Samavaiyan 28 M.P 526 : 15 M.L.J. 419. We must, therefore, set aside the decrees of the lower Courts and give the plaintiff a decree as prayed for. Improvements, according to the District Munsif's finding, shall be paid for. Plaintiff will have costs throughout from respondents Nos. 3. 1 to 6 and Nos. 13 to 15. Times for redemption will be six months from this date.


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