CHACKO ALEY Vs. KURIAN CHACKO

JUDGEMENT

(1.) THE decree-holder in O. S. No. 359 of 1113 of the munsiff's Court of Kanjirappally is the appellant in this Second Appeal. THE munsiff stayed the execution of the decree under Act VIII of 1950. THE additional District Judge of Kottayam confirmed the order and dismissed A. S. No. 251 of 1953, the appeal filed by the decree holder.

(2.) ACT VIII of 1950 was followed by Ordinance No. 1 of 1957. Both the ACT and the Ordinance were repealed and replaced by ACT 1 of 1957, the Kerala Stay of Eviction Proceedings ACT, 1957.

(3.) THE nature of the possession under Vechupathi leases was the subject of conflicting decisions in the High Court of Travancore. That question eventually came up before a Full Bench of that court in 25 T. L. J. 230. Joseph Thaliath, Ag. C. J. , observed - and if we may say so with respect, correctly - that the proper course to be adopted is to look at the actual terms of the deeds concerned and decide according to the terms disclosed rather than by relying on any general conception regarding the character of such leases.