GEORGE VAREETH Vs. SIVADASAN ACHUTHAN

JUDGEMENT

(1.) The first defendant in OS 56 of 1962 on the file of the Additional Munsiff's Court, Ernakulam, is the appellant. The suit is for recovery of the site on which the plaint B schedule building stands after its removal or in the alternative for recovery of the building on payment of its value.

(2.) The plaint A schedule which includes the site on which the plaint B schedule building stands belonged to Ananda Sankara Narayana Iyer who sold the same to Peter John. The latter conveyed his interest to the plaintiff.

(3.) On 3-11-1113 Kunjan Marakkar obtained permission from Ananda Sankara Narayana Iyer to put up the B Schedule building which was originally a shop building. The first defendant purchased the building from Kunjan Markkar as per sale deed dated 25-4-1124 and is now residing in the building. The courts below decreed the claim of the plaintiff overruling the plea of the defendant based on S.75 of the Kerala Land Reforms Act, 1963 (Act I of 1964)