NARAYANAN Vs. KESAVAN

JUDGEMENT

(1.) Appellants are the legal representatives of the deceased sole defendant (hereinafter called as defendant). He was sought to be evicted from a building standing in 14 cents, which itself is portion of the suit property measuring 3 acres 68 cents. Sreeramakrishna Vilasam Tile Works is the owner of the property as provided in Ext. A1 Udampady, to which plaintiff and defendant are parties. Under the Udampady, plaintiff was appointed as General Manager and the defendant as Manager of the factory. Out of the total ten shares, plaintiff is having 6 1/2 shares and the defendant 1 1/2 shares. Remaining two shares belong to strangers. As Manager of the factory, the defendant was permitted to use the building, so long as he continues as Manager, with liability to vacate when his office as Manager ceases. On 30-1-1967, defendant ceased to be Manager. He refused to vacate. Under the authority of Ext. A1, plaintiff filed the suit for eviction.

(2.) The factory itself is having only a tenancy right from the jenmi. Defendant contended that the tenancy in favour of the factory is only for 3 acres 54 cents and the remaining 14 cents and the schedule building were obtained by him on oral lease directly from the jenmi. He denied the entrustment and liability to vacate. He also claimed fixity of tenure.

(3.) The claim of tenancy was referred to the Land Tribunal. The verdict was that the defendant is not a tenant. Thereafter, claiming to be the tenant of 68 cents of land and the building, including the 14 cents directly from the jenmi, the defendant filed an original application before the same Land Tribunal, without impleading the plaintiff or giving notice to him, and obtained an order and purchase certificate. The order was not produced. The purchase certificate is Ext. B1.