PARAMESWARAN THAMPI Vs. PADIYAN THOMAS

JUDGEMENT

(1.) The plaintiff in a suit for recovery of possession is 'the appellant and the dispute that now survives for determination relates to the leasehold right over 6 acres and 8 cents claimed by the third defendant. The trial Court has upheld the lease. In view of the fact that we are remanding the case to the trial Court for a fresh consideration on this aspect, we shall briefly advert to the facts and also consider the legal aspects raised.

(2.) The suit is for declaration of title, recovery of possession and for other consequential reliefs. The title of the plaintiff is admitted while his possession is disputed. According to the plaintiff, the plaintiff had leased the disputed land to the third defendant in 1st Chingam 1120 M. E. (1945), he surrendered the leasehold right on 30-4-1954, and thereafter it was leased to two others in 1962, who remained in possession till 1969 and surrendered the property to the plaintiff. The plaiutiff has been in possession since then and has paid revenue and has been assessed to Agricultural Income-tax, As the plaintiff was prevented from taking the usufructs this suit was filed.

(3.) The third defendant contended that he was in possession as a lessee, that there was no surrender of his leasehold right as alleged in the plaint and that he was entitled to fixity of tenure and to the protection afforded under the Kerala Land Reforms Act, 1963, Act I of 1964.