ASSAIN Vs. AHAMMED KUTTY

JUDGEMENT

(1.) The question which arises for consideration in this Civil Revision Petition is whether a surrender opposed to S.51 of the Kerala Land Reforms Act, 1963 will be dispossession within the meaning of S.13A thereof.

(2.) Petitioners are the legal representatives of deceased Koyassan. He was in possession and a tenant of 1.15 acres of land in R. S. No. 399/3 of Karumarakkad Village, Vazhakkad desom. The respondent entrusted the above land to deceased Koyassan in 1126 ME. He had received a munpattom (premium) of Rs. 150/-and was to pay a rent of 125 paras of paddy per annum. In April, 1967, Koyassan was persuaded to surrender the holding to the respondent landlord allegedly on faith of a promise that it would be returned to him after cultivation for one year. The respondents not having acted in accordance with the above representation, the tenant Koyassan filed O. A. No. 636 of 1970 on 22-6-1970 before the Land Tribunal (Munsiff), Kozhikode. The Original Applicant died on 24-5-1973 and his legal representatives were brought on record as petitioners 2 to 4.

(3.) In his objections before the Land Tribunal, the respondent landlord contended that the tenant voluntarily surrendered the holding in 1966 when the respondent sent a notice for recovery of arrears of rent amounting to 460 paras and 6 edangazhies of paddy. He denied the allegation that the surrender was due to coercion or misrepresentation. It was also submitted that the application was filed as a counter blast to O. S. No. 820 of 1969, which he had filed against Koyassan, when he trespassed into a store house attached to the holding.