THRESSIA Vs. SARASWATHI AMMA

JUDGEMENT

(1.) This, in my opinion, is only a desperate attempt made by the first defendant appellant to continue in possession of this building at any rate, if he could get any protection available in law. In this particular case, the provisions of Kerala Act XVI/1959 are sought to be invoked and in my opinion, the view of both the subordinate courts that the appellant is not entitled to invoke any protection under and in pursuance of the provisions of Kerala Act XVI/59, is perfectly correct.

(2.) In a suit filed by the plaintiff for eviction, the latter has obtained a decree for eviction and the present appellant also attempted to claim protection by virtue of the provisions of Travancore-Cochin Act VIII/1950 and also Kerala Act I/1957. He failed in that attempt to get any protection, because it was held that the lease in this case is of land or building or both given on lease for industrial or commercial purposes coming within the exemption provided under S.3(d) of Kerala Act I/1957.

(3.) It is also in evidence that the landlord has taken delivery of the 72 cents of paddy land which formed part also of the lease transactions Exts. B and C in favour of the appellant. Now the appellant claimed protection in respect of the house and an extent of 7 cents, which he claims to be appurtenant to that house on the ground that the transactions evidenced by Exts. B and C amount, in so far as this present property is concerned, to a lease of a building. Therefore, the petitioner claimed protection under the provisions of Kerala Act XVI/1959.