PARAMESWARAN PILLAI Vs. KRISHNA PILLAI

JUDGEMENT

(1.) A temporary order of injunction passed by the Land tribunal, Athiyannur in O. A. 120/71 restraining the landlord from entering upon the property in the possession of the tenant, is challenged in these proceedings.

(2.) THE land involved in the petition is comprised in S. No. 275/37,151/8 and 151/18b of Kottukal village and they are government viruthi lands given to the tarwad of the petitioners and 1st respondent for rendering service Ia the Sree Padmanabhaswaray temple, Trivandrum . THE tarwad of the petitioners and the 1st respondent was partitioned in the year 1104 M. E and in the partition deed, provision was made for enjoyment of these viruthi lands by rendering the requisite services. Petitioner No. 1 is party No. 80; petitioner No. 2 party No. 35; aid the 1st respondent is party no. 56 in the partition deed. Properties comprised in S. No 151/8 and 151/18b were directed to be enjoyed by Narayana Pillai Neelakanta Pillai, party No. 14 during bis life time and thereafter by petitioner No. 1 by rendering services without default. Narayana Pillai Neelakanta Pillai died on 7 21971 whereupon petitioner No. 1 became karnavan and entered possession of the property. He still claims to be in possession and in cultivation of the lands.

(3.) THE 2nd petitioner in his amended application has stated in addition that the provisions regarding tenancies will not apply to viruthi lands which are exempted under S. 3 of the Act.