SANKARAN Vs. KUMARAN

JUDGEMENT

(1.) This second appeal and the civil revision petition have arisen out of connected proceedings between the same parties and the questions involved in them being substantially the same they have been heard together at the request of both sides

(2.) The appellant in E. S. A. No. 45 of 1975 is the defendant in O. S. No. 240 of 1959 on the file of the Munsiff's Court, Trivandrum. That was a suit instituted by the respondent herein as plaintiff for eviction of the defendant appellant from the plaint schedule building with arrears of rent on the allegation that the defendant was in occupation of the building as a tenant under the plaintiff. The defendant denied the rental arrangement and set up title in himself which he claimed to have acquired by adverse possession. The said plea put forward by the defendant was repelled by the Trial Court and a decree for eviction was passed in favour of the plaintiff on 9-8-1962. The defendant preferred an appeal before the District Court, Trivandrum as A. S. No. 670 of 1962 on the file of that court. That appeal was allowed by the District Judge holding that the defendant had perfected title to the building by adverse possession. The plaintiff thereupon preferred a second appeal to this court S.A. No. 398 of 1964. By judgment dated 9th February, 1968 this court allowed that second appeal, set aside the decree and judgment of the District Court and restored the decree for eviction passed against the defendant by the Trial Court.

(3.) Thereafter the plaintiff respondent filed E.P. No. 410 of 1968 in the Munsiff's Court, Trivandrum praying for delivery of possession of the plaint schedule building in execution of the decree passed in his favour. The defendant judgment debtor resisted that petition by contending that he is a kudikidappukaran entitled to the benefit of the Kerala Land Reforms Act, 1963 (Act 1 of 1964), hereinafter referred to as the Act. Urging the said objection the defendant judgment debtor filed E.A. No 3558 of 1968 in the executing court praying that the execution petition should be dismissed on the ground that he is a kudikidappukaran.