PARAVUR PUTTINGAL DEVASWOM Vs. K K MADHAVAN

JUDGEMENT

(1.) Under challenge in this petition is the order passed by the Trial Court referring a preliminary issue to the Land Tribunal concerned for consideration. The facts may be briefly noted:

(2.) Respondents who resisted the suit contended that their ancestors were in possession and enjoyment of Plaint schedule properties. According to them, the Paravur Puttungal Devaswom had given the property to their ancestors for the services rendered by them as Oozhiyam and they claimed that they are deemed tenants entitled to fixity of tenure and prayed for sending the case to the Land Tribunal, Kollam for adjudication of fixity of tenure.

(3.) On the basis of the pleadings, proper issues were raised. One of the issues raised was whether the respondents have tenancy right, rather fixity of tenure over the Plaint A-schedule property. Considering the said issue preliminarily by the impugned order the Trial Court held that the issue relating to deemed tenancy and fixity of tenure has to be referred to the Land Tribunal under S.125(3) of the Land Reforms Act.