SARASWATHY Vs. OFFICIAL RECEIVER

JUDGEMENT

(1.) Appellants are the obstructors, who failed before the execution court and the first appellate court.

(2.) The unfortunate litigation, which gave rise to these obstructions in execution, started in the year 1111 ME as O. S. No. 131 before the Subordinate Judge, Alappuzha. The suit was filed by Peethambaran Pillai, who was the Karanavan of Koithunni branch of Chakkumthara tharavad.

(3.) When execution was taken out to get delivery, the Amin was obstructed by several persons, including the appellants in the two second appeals or their predecessors. All the obstructions were considered together and disposed of by a common order. The application of the official receiver to get delivery after removal of all the obstructions was allowed. There were four appeals and cross objections in some of them. Cross objections related to kudikidappu rights allowed to some of the obstructors. All the appeals and cross objections were dismissed by a common judgment. Now, in these two second appeals, we are concerned only with the obstructions relating to 40 cents and 98 cents out of 3 acres 70 cents in Item No. 6 by the appellants in S. A. No. 13 of 1986 and Item No. 10 by the appellants in S. A. No. 13 of 1990, which was originally filed as a civil revision petition. Appellants in S. A. No. 13 of 1986 are claiming benefits under S.7B of the Kerala Land Reforms Act, on the basis of registered documents, and the appellants in S. A. No. 13 of 1990 under oral lease, coupled with surrender from another tenant. All the transactions were by the first defendant after the institution of the suit. All of them have obtained purchase orders and purchase certificates also from the Land Tribunal. These orders and certificates were also obtained after the institution of the suit.