COMBI Vs. K.S.RAMACHANDRAN

JUDGEMENT

(1.) Tenancy right was raised by the defendant over 10 acres of property in a suit for injunction simplicitor of the year 1987 and it was referred under Sec. 125 of Kerala Land Reforms Act for adjudication, wherein it was answered negatively due to lack of evidence. Thereon, the plaint was amended for recovery of possession. A claim of adverse possession was raised by the defendant. The suit was decreed based on the title of the year 1947 (partition deed) and a registered Will No.41/1972.

(2.) The decree and judgment of the trial court were assailed mainly on the reason that the Will was not proved in accordance with the mandate under Sec. 68 of the Evidence Act by summoning one among the attesting witnesses to the document. The identity of the property was not disclosed in the registered Will. The claim of adverse possession was not considered properly.

(3.) The contention of tenancy right and adverse possession is mutually destructive and hence cannot be sustained. The tenancy right claimed was rejected by the Land Tribunal on a reference under Section 125 of the KLR Act due to lack of evidence. Nothing was brought to the notice of this court regarding any acceptable proof or evidence showing any existing tenancy right. As discussed earlier, the claim of adverse possession is mutually destructive and inconsistent, hence cannot be sustained.