NANU Vs. KURUMBA THEVI

JUDGEMENT

(1.) Defendants 2,5 and 15 in O.S.No.305/66 of the Munsiffs Court, Mavelikkara, impugn the validity of the order dated 30-5-1988 in I.A.No. 1721/73 made by the plaintiffs. The I. A. 1721/73 was for making of a final decree for redemption of mortgage, partition and possession. The petitioners are aggrieved by the order because the Trial Court held that the petitioners are not tenants within the meaning of S.4A of the Kerala Land Reforms Act (hereinafter referred to as the Act) and are not, therefore, entitled to the right of fixity of tenure created by S.13 of the Act.

(2.) The petition arises out of the following facts:-

(3.) There were certain other proceedings between the parties. The application by plaintiff No.1 19 for making of a final decree in this very suit was dismissed on 27-10-1975. The Sub Judge, Mavelikara, in appeal, set aside the order dismissing the application for making of a final decree. Defendants 2,5 and 15 came to this court in C.M.A. No. 132/79 and urged that they were protected by the Kerala Land Reforms Act. A Division Bench of this court made this order.