SREE CHATHANKULANGARA BHAGAVATHI DEVASWOM Vs. NAIR SERVICE SOCIETY

JUDGEMENT

(1.) The suit by the landlord for recovery of property on expiry of lease and for mesne profits was dismissed by the trial court. The plaintiff is in appeal.

(2.) The plaint schedule property has an extent of 50 acres. It is a private forest. On 13/9/1960, the property was demised on lease by the plaintiff to the defendant for establishing an Engineering College. The lease was created after obtaining prior sanction from the Commissioner of HR and CE and also under the Madras Preservation of Private Forest Act, 1949 (MPPF Act). The term of lease was 36 years. Since the term of lease expired, the plaintiff is entitled to get back possession. It is the term of the lease that, the defendants are entitled to market value of the buildings that may be put up in the property. The plaintiff is willing to pay the said amount. However, the defendants refuse to accede. It is thereupon that the suit is filed.

(3.) The contention of the defendant is one of deemed tenancy under Sec. 7D, fixity of tenure under Sec. 13 of the Kerala Land Reforms Act (KLR Act) and consequent right of non-evictability.