IDREESU KUNJU SHAWKATH ALI Vs. NAFEESA BEEVI

JUDGEMENT

(1.) THESE two appeals arise from two suits in which the subject-matter is almost the same, though different reliefs are claimed for by the parties. S. A. No. 246 of 1973 is from O. S. No. 237 of 1970 on the file of the Munsiff's Court, Quilon; the other appeal is from O. S. No. 199 of 1970 of the same Munsiff's Court. THESE suits were tried together and disposed of by the learned Munsiff by a common judgment. Against those decrees the appellant in these second appeals filed A. S. Nos. 235 and 237 of 1972 (A. S. No. 237 of 1972 against O. S.199 of 1970 and A. S. No. 235 of 1972 against O. S. No. 237 of 1970). The respondent in S. A. No. 246 of 1973 had filed a cross-objection in A. S. No. 235 of 1972. In one of the suits, namely O. S. No. 199 of 1970, the brother and son of the respondent in S. A. No. 246 of 1973 are made parties as defendants 2 and 3, the first defendant in the suit being the respondent herself. In O. S. No. 237 of 1970 filed by the respondent in S. A. No. 246 of 1973, the appellant alone was the defendant.

(2.) THERE is not much dispute in regard to the facts leading to the institution of the suits. In the year 1964 the appellant herein had obtained a lease under Ext. P-l from the respondent herein (parties are referred to in this judgment as they are arrayed in S. A. No. 246 of 1973) to construct a shop building on the foundation which was in existence at the time of the lease in the plaint schedule property which admittedly belonged to the respondent. In terms of Ext. P-l, after a period of five years, the appellant was required to surrender the land with the building therein receiving a sum of Rs. 1000/-by way of compensation. The rent stipulated was Rs.30/- per month.

(3.) A plea based on a question of law has been raised in this second appeal, and that relates to the protection granted to the tenant under S.106 of the Kerala Land Reforms Act, Act 1 of 1964 as amended by Act 35 of 1969. S.106, as it now stands, reads as follows: