K V CHALASERI Vs. BHAVANI

JUDGEMENT

(1.) PLAINTIFF in O. S. No. 171 of 1971 on the file of the munsiff, Ernakulam, is the appellant. He filed the suit against three defendants for realisation of arrears of rent and damages. The suit was dismissed by the trial court accepting the finding of the Land Tribunal that the 1st defendant was a kudikidappukaran and now after his death the 2nd respondent who is his son and heir is a kudikidappukaran.

(2.) THE plaint schedule property is 56 cents of land and a building. Plaintiff is the owner. THE property was outstanding on mortgage. THE mortgage was redeemed on 20-6-1964. THE case of the plaintiff is that the 1st defendant was permitted to occupy the building for a monthly rent of Rs. 61/2 on the agreement that he will vacate within six months. Alleging that the Ist defendant defaulted rent from 1-1-1968 and committed damages by demolishing a fence, the suit was filed for realisation of Rs. 234/- as arrears of rent and Rs. 50/- as damages.

(3.) IT was accepting the finding of the Land Tribunal that the trial court dismissed the suit since defendants 1 and 2 are kudikidappukars. The complaint of the appellant is that the finding entered by the Land Tribunal is illegal on account of the stay and therefore the finding of the trial court incorporating the illegal finding is also an illegality. I do not think that there is any force in that contention.