Kerala Court December 1961 Judgments
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Subramonian Nadar Padmanabhan Nadar Vs. Chinnan Nadar Chellakkan Nadar ...
Court: Kerala
Decided on: Dec-04-1961
Reported in: AIR1963Ker5
Vaidialingam, J.1. In this appeal on behalf of the defendant-appellant, Mr. K. N. Narayanan Nair, learned counsel, challenges the decree and judgment of our learned brother, Mr. Justice Joseph, restoring the decree of the trial court.2. The matter was referred for decision by a Full Bench in view of the fact that certain principles laid down by a Division Bench judgment of the Travancore-Cochin High Court reported in V. Acha v. Maravanthurutnu Pakuthy, 1949 Ker LT 1: (AIR 1950 Trav-Co. 1) and followed by the learned Judge, in the disposal of the second appeal have been overruled by a subsequent Full Bench of the Travancore-Cochin High Court reported in Chacho Pyti v. type Varghese, 1955 Ker LT 739: (AIR 1956 Trav.-Co. 147) (FB). The correctness of the latter decision of the Full Bench was challenged by Mr. T. S. Krishnamoorthi Iyer, learned counsel for the plaintiff-respondent. In view of this attack made against the Full Bench judgment as such, it was considered necessary to consider ...
Vishnu Bhasmarithaya Vs. Kunnungal Kannan
Court: Kerala
Decided on: Dec-04-1961
Reported in: AIR1962Ker239
ORDERT.C. Raghavan, J.1. A suit on the small cause side of the court of the Munsiff-Magistrate of Hosdrug has given rise to the Civil Revision Petition, the plaintiff being the petitioner. The suit was for arrears of rent from 30th Kanni 1133 to 30th Kanni 1134, The defendant's main contention was that he was enticed to abatement of rent due to silting up of a portion of the property covered by the lease. The lower Court issued a commission to assess the extent of the silting and finally accepting the plea of the defendant it held that the correct rent payable was only 36 1/2 paras of paddy in two instalments of 18 1/4 paras each and not 75 paras as claimed by the plaintiff. A decree was also granted on that basis.2. In revision the learned advocate of the petitioner raises two points: (1) that the same plea of abatement was raised in a proceeding before the Bent Court for fixation of fair rent, which petition was not pursued to conclusion and (2) that the small cause court had no juri...
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