LAWS(SC)-2008-2-21

SUKUMARAN P M Vs. PUTHIYA KUTTIMAPPILAKTH SHALIMA

Decided On February 21, 2008
SUKUMARAN Appellant
V/S
PUTHIYA KUTTIMAPPILAKATH SHALIMA Respondents

JUDGEMENT

(1.) C. A. No. 8422/2001 1. Heard learned counsel for the parties. Learned counsel for the parties submit that the parties have compromised the matter and, therefore, the present appeal has become infructuous.

(2.) THE appeal is dismissed as having become infructuous. No order as to costs. C. A. NO. 1817/2004

(3.) THIS Reference was answered by the Full Bench in para 18 of the impugned order in the following words, "the benefits under Section 11 (17) to the legal heirs/tenants cannot be accepted as laying down the correct law. " in para 19 of the impugned order the learned Full Bench asked counsel for both the parties to advance arguments on merits also as the proceedings were initiated about a decade back and asked counsel for the parties for disposing of the revision petition itself and accordingly arguments were heard on merits of the Revision Petition also and Revision Petition was disposed of by dismissing the same and directing the appellant-tenant to surrender possession within six months and directing the appellant to file an affidavit of undertaking to that effect.