High Courts(1910) 01 MAD CK 0013

Kolakott Kunhamabu and Others vs Kottayath Kizhakke Kovilakath Kerala Varma Valia Rajah Avergal (died) and Others

Madras High Court · Decided on 16 January 1910 · Citation: (1911) 21 MLJ 56

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Judgment

7 paragraphs · 160 words
1.

The sentence which we are asked to construe as importing a permanent tenure is the following:

There will be no objection to the land being held by you and your Anandravans as long as you and your Anandravans shall live.

2.

It might be difficult to refuse to accede to the contention that the phrase ""you and your Anandravans"" when used in deeds of transfer in Malabar

ordinarily implies an absolute transfer, but here we have this phrase qualified by the limitation ""as long as you and your Anandravans shall live"" and

we have not been shown any authority for holding that this qualifying phrase ought to be understood as equivalent to ""as long as your tarwad

exists."" We are, therefore, unable to say that the lower Courts are wrong in refusing to admit a saswatam right in the defendants and we dismiss the

appeal with costs. The time for redemption is extended to two months from this date.