KOCHU VAVAKUNJU Vs. KESAVA PILLAI

JUDGEMENT

(1.) S.A. 148/1987 is filed by the first defendant in O.S. 276/1979 on the file of the Munsiff's Court, Kayamkulam. S.A. 282/1987 is filed by the plaintiff in the said suit challenging the refusal of relief to him on certain aspects.

(2.) The plaint schedule property along with other extents originally belonged to the family of the second defendant An extent of 5 cents was leased out to enable the lessee to put up a building for his commercial purpose. It is seen from the evidence in the case that the lease was originally in favour of PW 2 and" subsequently the said rights came to vest in the first defendant. In a subsequent partition the plaint schedule property was allotted to the share of the second defendant and the present plaintiff claims on the basis of an assignment from the second defendant under Ext. Al dated 7-7-1975. The predecessor of the second defendant had earlier filed a suit, O.S. 14 of 1961 on the file of the Munsiff's Court of Krishnapuram, for recovery of possession of the property including the present plaint schedule with arrears of rent. The said suit was resisted by the present first defendant who at the trial claimed that he is entitled to the protection of S.78 of Kerala Act 4 of 1961 which corresponds to S.106 of Act of 1964. By Ext. A5 judgment dated 27-6-1962 the Munsiff's Court of Krishnapuram upheld the plea of the present first defendant that he is entitled to the protection of S.78 of Act 4 of 1961 and hence he could not be evicted. A decree for arrears of rent alone was granted. Though there was an appeal from the said decree at the instance of the landowner, the same was dismissed by Ext.B4 decree dated 2-11-1964. Thus the position was that it was held in Ext.A5 judgment that the first defendant herein was entitled to the protection of S.106 of the Kerala Land Reforms Act.

(3.) The present plaintiff went into possession of the building under the first defendant as a building tenant. The first defendant filed an application for his eviction as BRCO.P. 43 of 1975 on the file of the Rent Control Court, Kayamkulam under S.11(3) and 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act. The said application for eviction was allowed after overruling the contentions of the present plaintiff and an order for eviction was passed. The said order is Ext. B6 dated 3-2-1976. An appeal filed by the present plaintiff was also dismissed by the order.Ext.B7 and a further revision RCRP 6 of 1977 was also dismissed.