RAMAN Vs. SANKARAN NAIR

JUDGEMENT

(1.) This is a revision by the petitioners in O. P. 20/55, District Munsiffs Court, Kozhikode against the order of that court rejecting their said application under S.34 of the Malabar Tenancy Act.

(2.) There is no dispute about the facts in so far as they are relevant to the present proceedings. The petitioners were occupying a Kudiyiruppu and there was a decree for eviction against them in a suit instituted by the landlord namely, O. S. 706/45 District Munsiffs Court, Kozhikode. The decree was on 28-1-1946 and the same became final. Decree holders claimed to have obtained delivery of possession on 4-10-1946. The delivery is also stated to have been recorded on 11-11-1946

(3.) The applicants appear to have taken the said delivery proceedings in appeal A. S. 57/47 and in the said appeal there was an order remanding the said proceedings to the Trial Court for an enquiry as to whether in fact, there was a delivery or not. No material has been placed before this court as to what happened subsequent to the said remand order passed in A. S. 57/47. But that may not have much of a bearing for deciding the points in controversy in these proceedings.