PARAMESWARAN THAMPI Vs. PODIYAN 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 plaintiff 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 suit was filed on 29-3-1972. Subsequently on 13-7-1972, the third defendant filed an application before the Land Tribunal, Trivandrum (O. A. No. 980 of 1972), under S. 72-B of Act I of 1964 for assignment of the landlord's rights, contending that he is a cultivating tenant. When the trial court was apprised of this fact, it passed an order on 9-8-1973 staying the suit and directing "the Tahsildar Tribunal Trivandrum will be addressed to prepare the record of rights, in respect of this property and to file the same before the court on or before 31-8-1973". At that stage, the court proceeded on the assumption that the record of rights preparedly the Tribunal would bind the court and nothing further had to be done. However, the court rightly deleted the direction by another order dated 18-8-1973 thus:-"the Tahsildar, Trivandrum need not be addressed to prepare the record of rights in respect of the property and to file the same before me. Instead, the tenancy question raised by the defendants will be referred to the Munsiff, Land Tribunal, Quilon".-indeed a proper order to be made under S. 125 (3) of the Act. This reference was numbered as O. A. No 313/73 by the Land Tribunal, Quilon.