PODDAR PLANTATIONS LTD. Vs. THANKAM NAIR

JUDGEMENT

(1.) THE suit in O.S. No. 204/2008 is one for injunction and other ancillary relief's whereas the suit in O.S. No. 88/2010 is one for recovery of possession with mesne profits. The plaintiffs and the defendant are one and the same and both the suits are pending on the file of the Court of the Munsiff of Kalpetta. It is an admitted fact that the predecessor -in -interest of the plaintiffs had leased a property to the predecessor -in -interest of the defendant on 26 -1 -1864. The extent of the lease hold property is 718.29 acres of land and the period of the lease was 99 years which expired on 25 -1 -1963. Ext. A1 deed (Document No. 1929/1963, SRO Vythiri) was later executed by the predecessor -in -interest of the defendant in favour of the predecessor -in -interest of the plaintiffs. An extent of 704.29 acres out of the total extent of 718.29 acres of land demised originally was surrendered. Ext. A2 deed (Document No. 1930/1963, SRO Vythiri) dated 3 -5 -1963 was also executed simultaneously renewing the lease in respect of the balance 14 acres of land. The period of the lease was 48 years which expired on 26 -1 -2011 during which time the present suits have been filed.

(2.) THE defendant contends that he is entitled to fixity of tenure since only tenancies in respect of plantations exceeding 30 acres in extent is exempted under Section 3(viii) of the Kerala Land Reforms Act, 1963 ('the Act' for short). The plaintiffs on the other hand maintain that the original lease was of private forest which is exempt under Section 3(vii) of the Act and that the defendant is not entitled to fixity of tenure. The short question is as to whether Ext. A2 deed creates a new lease or is only a renewal of the existing lease (dated 26 -1 -1864) after the surrender by Ext. A1 deed. I am afraid that this question revolves around the interpretation of Exts. A1 and A2 deeds coupled with the assessment of oral evidence adducted by either parties. This is particularly so since a question of explicit and implicit surrender of the demised premises arises incidentally between the parties. The question as to whether the property covered by Ext. A1 deed was a forest land and the same converted into a plantation when dealt with under Ext. A2 deed also looms large.