ANANTHA NARAYANA IYER Vs. PARAN

JUDGEMENT

(1.) The question which falls for determination in this revision petition is whether the order of stay of the suit, O. S. No. 65 of 1969, directed by the Additional Subordinate Judge, Trichur, is proper and legal. The determination of this short question has been so very much hedged in by decisions in regard to the scope of the enquiry in such matters, that it has occasioned this reference to a Full Bench of five Judges.

(2.) The plaintiff petitioner filed O. S. No. 65 of 1969, sub Court, Trichur, to restrain the defendant by an injunction from interfering with his possession of a cashewnut garden. The filing of the suit had been preceded by an application filed by the respondent for fixation of fair rent in respect of the land. To that, the objection had been raised by the petitioner that the respondent was not a cultivating tenant. An interim injunction had been granted in the suit and action for violation of injunction had also been launched. There was an amendment of the plaint adding an alternative prayer for recovery of possession with mesne profits, in case, it is found that the first defendant is in possession of the property. The application for amendment was moved in 1970 and was allowed in August, 1970. Thereafter, on 9-7-1973 the respondent filed an application for stay of the suit under S.32 of the Land Reforms Act and this was allowed by the learned Sub Judge. Against the said order, the petitioner landlord had preferred this revision petition.

(3.) S.32 of the Land Reforms Act reads as follows: