EASO YOHANNAN Vs. BAHELAMMA KOSHY

JUDGEMENT

(1.) The appellants are the legal representatives of a person called Easo yohannan who was a tenant of the land having an extent of 3.81 acres in a suit filed by legal representatives of one Perumal for recovery of possession of the property. The trial court dismissed the suit holding that the tenant has got fixity of tenure. The aforesaid finding was taken by the trial court as the land Tribunal to which the question was referred has recorded such a finding. When an appeal was filed by the lessor, the trial court decree was confirmed and the appeal was dismissed. But the High Court in a second appeal interfered with the concurrent findings and granted a decree for recovery of possession of the property. Hence this appeal by special leave.

(2.) Some more facts would be of use for disposal of this appeal which are stated below: the suit property originally belonged to two brothers as co-owners. They are Perumal and his brother Koshy. Perumal died in the year 1948 leaving behind him his widow Annamma and daughter and granddaughter (or daughters or granddaughters) through a predeceased son. It is the case of the plaintiff that the lease was created in favour of Easo Yohannan by the aforesaid Annamma and the aforesaid Koshy pursuant to which Easo yohannan was put in possession.

(3.) The legal representatives of Easo Yohannan are admittedly continuing in possession under the same lease and they are the defendants in the suit and they have filed this appeal.