THAYILLATH VAMANAN NAMBUDIRI Vs. AMMARMANKANDIYIL NARAYANA KURUP

JUDGEMENT

(1.) THE appellant in this second appeal was the plaintiff in O. S. No. 890 of 1942 of the Court of the Munsiff of Badagara. In that suit he sought and obtained the recovery of possession of an item of property under the Malabar Tenancy Act, 1929.

(2.) THE suit was decreed on 13-9-1943 and possession was taken from the respondents on 23-10-1943. After the passing of the Malabar Tenancy (Amendment) Act, 1956, the respondents Applied for a restoration of possession by an application under Section 5 (2) of that enactment: I. A. No. 101 of 1957 in o. S. No. 890 of 1942.

(3.) THE application was allowed and the appellant before us filed A. S. No. 352 of 1959 of the Court of the Subordinate Judge of Badagara. That appeal did not succeed. It was dismissed on the ground that no appeal was available from a decision in an application under Section 5 (2) of the Malabar Tenancy (Amendment) Act, 1556. This second appeal challenges the correctness of that decision.