NEELAKANDHAYYA PILLAI Vs. SANKARAN

JUDGEMENT

(1.) The appellant is the plaintiff who, on the basis of an assignment of the jenmis rights to him as per Ext. P3 dated 4-5-1945, sued on 12-10-1945 for redemption of a kanom Ext. P1 dated 15-5-1929. The suit having been decreed by the Trial Court on 17-1-1946, the plaintiff reduced the property to his physical possession in 1946 itself.

(2.) The defendant had appealed against the decree of the Trial Court and by the time it came up for disposal before the learned Subordinate Judge, the Malabar Tenancy (Amendment) Act VII of 1954 came into force introducing a provision:

(3.) The learned Subordinate Judge took the view that the inhibition of suits for eviction for two years after an assignment of the landlords rights contained in S.25 quoted above would apply to the institution of this suit which had been instituted within five months of the assignment in favour of the plaintiff, and dismissed the same. The plaintiff has therefore come up in this Second Appeal.