DEVASY GEORGE Vs. LEKSHMI AMMA NARAYANI AMMA

JUDGEMENT

(1.) The second defendant is the appellant. The appeal is from an order of remand. The plaint property and another item which belonged to Kodungalloor Devaswom were leased by the Devaswom to one Thoma and his mother under Ext. III dated 10.7.1088. The leasehold right has now devolved on defendants 1 to 4. The plaintiff obtained a superior lease, Ext. A, from the Devaswom on 28.7.1121 in respect of the plaint property. The plaintiff instituted the suit for recovery of possession of the plaint property on payment of the value of improvements due to the defendants in respect of that property.

(2.) Defendants 1 to 4 contested the suit. One of their contentions was that the suit for eviction of a portion of the lease hold property was not maintainable in law.

(3.) The Trial Court upheld this contention and dismissed the suit. In appeal filed by the plaintiff the lower appellate court held that the suit was maintainable and remanded the case to the Trial Court for disposal on the merits. The civil miscellaneous appeal is from this order of remand.