KUNHIRAMAN Vs. CHEMMARATHI

JUDGEMENT

(1.) One Abubacker had a kuzhikanom right in the suit property. He leased the property to Cheriya Abdulkader who put up a shop thereon and was holding a trade in that shop. Subsequently the latter assigned his right to the 1st defendant. Abubacker's right in the property was sold in court auction and purchased by Thambayi and others; and on April 30, 1935, the 1st defendant executed a marupat, which is Ext. A1 here, in their favour agreeing to pay rent at Rs. 1.50 per annum for the site of the land. The plaintiffs, as assignees of Thambayi and others, sue to resume the land, offering compensation for the building that belongs to the 1st defendant. The Munsiff held the lease not to come within any beneficial provision of the Malabar Tenancy Act and therefore decreed the suit. But the District Judge has held the lease to come within the scope of S.78 of the Kerala Act IV of 1961 entitling the tenants to immunity from eviction. The plaintiffs have therefore come up in second appeal.

(2.) It is conceded at the bar that S.78 of Act IV of 1961 has been replaced by S.106 of the Kerala Act I of 1964 and that therefore the relation between the parties has now to be adjudged in accordance with the latter Section, which reads thus: