KARUNAKARAN NAIR Vs. RAMAKRISHNAN NAIR

JUDGEMENT

(1.) The decree in this case is for eviction of the appellant from a leasehold granted for a commercial purpose to the 1st defendant, the assignor of the appellant. Admittedly the lessee had put up a building before December 18, 1957, and was trading there. An injunction was, on the application of the plaintiff, served on the appellant in August 1959 restraining renewal, reconstruction or remodelling of the building. It is stated that at the time of the injunction the superstructure of the building had fallen down and as reconstruction was prevented by the injunction there was no building as such on the property Since 1959. The decree in the suit passed on February 8, 1961, allowed resumption of the property by the plaintiff. In execution the appellant claimed benefit of S.78 of the Kerala Act IV of 1961 which is now reenacted as S.106 of the Act I of 1964. The Munsiff accepted that claim and disallowed recovery of property in execution; but, on appeal, the District Judge has reversed him. Hence this second appeal by the 2nd defendant.

(2.) Sub-s.(1) of S.106 of the Kerala Land Reforms Act, I of 1964, which sub-section alone is relevant here, reads thus :