RATNAMMA AND ANR. Vs. EASWARI PILLAI KOMALAMMA PILLAI

JUDGEMENT

(1.) THE decree holders are the Petitioners in this Civil Revision. The challenge is against an order of the Execution Court staying the execution and referring the question of kudikidappu to the Land Tribunal for its decision. In the suit for redemption of a mortgage with possession the mortgagee who resides in the property contended that she was a tenant or, in the alternative, a kudikidappukari and hence could not be dispossessed. On reference to the Land Tribunal, both the contentions were found against the Respondent. The trial court passed a preliminary decree for redemption. The Petitioners deposited the mortgage money and a final decree was also passed. When the Petitioners applied for the delivery of the property in execution the Respondent judgment -debtor filed objections raising the contention of kudikidappu and requesting for reference of the question of kudikidappu to the Land Tribunal. The Execution Court found that at the time of execution the Respondent can claim kudikidappu, referred the question of kudikidappu to the Land Tribunal under Section 125(3) of the Kerala Land Reforms Act 1 of 1964 and stayed the execution proceedings by the impugned order.

(2.) EXPLANATION IV to Section 2(25) of the Kerala Land Reforms Act 1 of 1964, for short the Act, reads:

(3.) THE Civil Revision is disposed of as above. No costs.