RATNAMMA PALAT Vs. PARAKKOT MUHAMMADUNNI

JUDGEMENT

(1.) The learned Executive First Class Magistrate, Ottapalam has stayed the proceedings in M. C. 15/69 under S.3 of Act 20 of 1970. The M. C. was taken under S.145 of the Code of Criminal Procedure as it was reported that the dispute between the A party and the B party over possession of the property is likely to lead to breach of peace. The property involved is an extent of 1015.47 acres of malavaram known as Uppukulam Malavaram. These properties belong in jenmom to Puthiya Kovilakam, Padayanikkattu, Kozhikode. The Receiver appointed by the High Court of Madras for the administration of the properties of the kovilakam granted a Kanom demise to Sri. R. M. Palat, who in his turn bequeathed the properties on kanom to his son Dr. Raman Palat under a will. This Raman Palat left for U. K. leaving a power of attorney to his mother who is A party No. 1 and she in her turn executed another power of attorney in favour of Sankaran Palat who is A-party No. 2. B party set up claims of possession on the basis of oral leases from Palat estate. These oral leases are denied by the A-party, according to whom physical possession has never gone out of their hands.

(2.) Proceedings were initiated on the reports submitted by the Inspector of Police, Perinthalmanna and the Dy. S. P., Shornur to the effect that breach of peace is imminent consequent on the dispute between A and B parties over possession. The learned Magistrate has now stayed the entire proceedings thinking that Act 20 of 1970 is applicable. I think the view taken by the learned Magistrate is wrong and unsustainable. Act 20 of 1970 has been enacted for a different purpose and in respect of properties falling altogether under different category. The Act itself is styled The Kerala Cultivators and Tenants (Temporary Protection) Act, 1970 'an Act to provide for the stay of suits and other proceedings for determination of rights in respect of lands occupied by certain classes of persons, for the temporary protection of tenants against proceedings for the recovery of arrears of rent and for matters incidental thereto.' The preamble reads:

(3.) The order of the learned Magistrate is hence set aside and the case is sent back for disposal according to law.