UNNIKRISHNAN NAIR Vs. NARAYANAN NAIR

JUDGEMENT

(1.) The revision petition is filed against the order passed in E A. No. 11 of 1970, on the file of the Munsiff's Court, Perintalmanna, which was a petition filed under S.13B of the Kerala Land Reforms Act, 1 of 1964, for restoration of possession of a holding sold for arrears of rent. The first respondent filed a suit, O. S. No. 761 of 1960, against the first petitioner and respondents 3 and 4 for arrears of rent. In execution of the decree the property was brought to sale and the second respondent purchased the property in court auction on 18-1-1965. The sale was confirmed on 24-2-1965. The rights of the first petitioner and respondents 3 and 4 had been purchased by the second petitioner in the year 1961. The second petitioner had got himself impleaded as the fourth respondent in the execution proceedings. The petition was filed on the ground that under S.13B of the Act the petitioners were entitled to restoration of possession. Pending enquiry the second petitioner assigned his rights to the third petitioner. The third petitioner got himself impleaded. The petition was amended seeking an order for restoration of possession in favour of the third petitioner.

(2.) The Court held that the conditions required under S.13B were satisfied, but that since the second petitioner had already assigned his rights to the third petitioner and the third petitioner was not a tenant at the time of dispossession he was not entitled to restoration of possession. The petition was accordingly dismissed. The revision petition is filed challenging the above order.

(3.) The point to be considered is whether an assignee of the rights of a tenant is entitled to get restoration of possession under S.13B of the Act in a case where the assignment is after the sale and delivery of possession of the property in execution of a decree for arrears of rent. The executing court has, in coming to the conclusion that he is not so entitled to, omitted to note the definition of the word "tenant" under S.2(57) of the Act. A tenant, under the definition, includes his heir, assignee or legal representative and also any person deriving rights through any such person who has paid or has agreed to pay rent or other consideration. Under S.50 of the Act, all rights which a tenant has in his holding are heritable and alienable. In this case it was the second petitioner who deposited the purchase price and interest at 6 per cent as directed in S.13B of the Act. By such deposit he became entitled to restoration of possession. It was thereafter that he assigned his rights to the third petitioner. The right transferred was thus not merely an actionable claim but a substantive right. Hence the third petitioner before the executing court, who is the revision petitioner, stands in the shoes of the second petitioner, his transferor and is entitled to all the rights that the transferor got by virtue of S.13B.