YOHANNAN MATHEW Vs. PADMANABHAN BHASKARAN

JUDGEMENT

(1.) JUDGMENT and decree of learned District Judge, Kollam in A.S. No. 12 of 1997 reversing the decree for eviction granted by the learned Munsiff, Karunagappally in O.S. No. 385 of 1992 are under challenge in the second appeal on the following substantial questions of law:

(2.) APPELLANT sued for eviction of the respondents/defendants from the suit property - 1 = cents and the shop room situated thereon. He claimed that the said 1 = cents belonged to his father, Yohannan. The said 1 = cents was leased to Govindan Parameswaran even before 1952. The said Govindan Parameswaran constructed a shed for his business. Govindan Parameswaran assigned his right over the suit property to the first respondent/first defendant in the year, 1968. Later, the existing structure was demolished and the first respondent surrendered vacant possession of the land to the appellant's father. By Ext.A1, lease deed dated 26.05.1969, the appellant's father leased out the suit property on ground rent to the first respondent for a period of one year. After expiry of the said period, the appellant demanded vacant possession of the suit property by notice dated 14.02.1992. Refusing to vacate, the first respondent transferred his right to the second respondent as per sale deed dated 20.01.1992. Hence the suit.

(3.) THE trial court answered the issues in favour of the appellant and granted a decree for eviction directing the respondents to remove the structures. The respondents challenged the judgment and decree in A.S. No.12 of 1997. The first appellate court confirmed the finding of the trial court on all issues other than relating to termination of the tenancy. The first appellate court was of the view that there is no evidence to show that the tenancy was terminated as provided under Sec.106 of the TP Act and that there was no pleadings to that effect. Holding so, the issue was found against the appellant and he was non suited. Hence the second appeal on the above substantial question of law.