PICHI Vs. ARULAN NADAR ANANTHAPAPPU

JUDGEMENT

(1.) The prayers in the Original Petition are as follows:-

(2.) The petitioners are the defendants in O.S.No.44 of 1999 on the file of the Additional Munsiff's Court-I, Neyyattinkara. It was a suit for declaration of title, prohibitory injunction and recovery of possession. The plaintiffs lost the case in the trial Court. The First Appellate Court reversed the findings of the learned Munsiff and decreed the suit. In the Second Appeal, this Court confirmed the decree passed by the First Appellate Court.

(3.) The plaintiffs filed a petition for execution of the decree. In the Execution Court, the defendants filed an application under Sec. 47 CPC challenging the executability of the decree. The Execution Court rejected the application filed by the defendants as per Ext.P5. Petitioner No.2 filed an application before the Land Tribunal, Thiruvananthapuram, claiming the benefit of cultivating tenants invoking Sec. 72B of the Kerala Land Reforms Act, 1963 ('KLR Act' for short) as per Ext.P6.