CHATHU Vs. KUNKICHI

JUDGEMENT

(1.) This revision petition has been adjourned for hearing by a Division Bench under S.3 of the Kerala High Court Act 1958. The claim involved is small - only a sum of Rs. 100/-, representing the value of two mango trees belonging to the plaintiff jenmi alleged to have been cut by the defendant tenant. The claim was decreed by the Trial Court for Rs. 50/- being half the value of the trees assessed by the Commissioner, on the ground that the jenmi is entitled to a share in the value of the trees under the Kerala Land Reforms Act 1/1964. On appeal, the Subordinate Judge dismissed the plaintiff's suit, following the decision by a single Judge of this Court in Kunhi Abdulla v. Govindan Nair ( 1968 KLT 563 ). The plaintiff has preferred this revision petition.

(2.) In Ahammad v. Kunhi Pathumma & Others ( 1967 KLT 546 ) a learned Judge of this court observed:

(3.) Then came the decision in Kunhi Abdulla v. Govindan Nair (1968 KLT 563), in which the same learned Judge who decided the two prior reported decisions of this Court, applied the principle laid down in the earlier of them to a case of cutting and removal of a jack tree and a teak tree. The former contributed to the rent, and the latter did not. It was held that in respect of the former, so long as the tenant paid the rent lawfully due or so long as the lease was not surrendered, the landlord is not entitled to claim damages; and that in respect of the latter, the tenant was liable.