(1.) The following points arise for a decision in the appeal, cross objection and the civil revision.
(2.) Parties are referred as the plaintiffs and the defendants as in the trail court for convenience.
(3.) The plaintiffs allege that the suit property belonged in jenm to the Mariveettil tarwad of the plaintiffs. While so, the 1st defendant took the said property on lease as per Ext. A1, registered deed dated 04.07.1924. As per the decree for partition in O.S. No. 26 of 1945 of the Sub Court, Kozhikode the suit property and other items were allotted to the share of the plaintiffs and 14 others. The 4th plaintiff purchased right of the 14 others. Thus the plaintiffs got absolute title over the suit property. The period of lease as per Ext. A1 expired by 01.02.1974. Following that, the plaintiffs issued notice to the 1st defendant to surrender possession of the suit property to them. The plaintiffs learned that the 1st defendant has transferred its right under Ext. A1, to the 2nd defendant. The plaintiffs claimed that since the lease under Ext. A1 was lease of plantation, it is exempted from the provisions regarding fixity of tenure, etc., under the KLR Act. The plaintiffs are not liable to pay value of improvements to the defendants. Instead, they are entitled to get mesne profits from the suit property from 02.02.1974 but limited their claim from the date of suit, at the rate of Rs. 3,000/- per year or such other amount as found by the court.
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