GOPALAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) TENANT seeks to revise the order of the Land Tribunal confirmed by the appellate authority rejecting his application under S.72 B of the Kerala Land Reforms Act.

(2.) SECOND respondent land -owner is a Devaswom and the property in question is the premises of a temple owned by the Devaswom.Revision Petitioner claimed tenancy on the basis of an oral lease of 1950 evidenced by a letter given by one of the trustees.That was followed by Ext.B1 registered lease deed of 1956 in which prior possession was recognised.The lease transaction of 1950 and the competency of the alleged trustee who gave the letter were denied Both the Land Tribunal and the Appellate Authority negatived the lease transaction of 1950 and found that the person who gave the letter was not a trustee.

(3.) ON the evidence the Land Tribunal found possession with the petitioner.The appellate authority did not consider that aspect at all.The Devaswom accepted possession of the revision petitioner and got back a portion of the property from him under Ext B6.Therefore it is not now open to them to contend that he was not in possession.That finding is concluded.