NARAYANAN NAMBOODIRI Vs. KADEEJA UMMA

JUDGEMENT

(1.) Even though this Second Appeal by the plaintiff was admitted on as many as 8 questions of law formulated in the memorandum of appeal, counsel for the appellant has pressed before me only question No. 2 extracted below.

(2.) The facts of the case are not in dispute. The suit property is 3 cents of land with a shop building having three rooms. The jenmi, the Meppally Illom had granted Ext.B1 lease on 13-9-1905 to one Mammad specifically for the purpose of constructing a shop building. The rent fixed under Ext.B1 was Rs.5/- per year. Thereafter, the jenmi granted a melcharth Ext.A3 dated 24-9-1928 on rent at Rs.8/- per annum to two persons Anandan and Aboobacker, authorising them to evict the tenant Mammad. The tenant Mammad had by then constructed the shop building in the property. The Melcharthdars instituted a suit for eviction, obtained a decree and in execution took delivery of the property with the building thereon, on payment of the value of improvements in terms of the decree. The right of the Melcharthdars who obtained eviction have devolved on defendants 1 and 2. The jenmi Illom assigned the jenmom right to the plaintiff as per Ext.A4 dated 9-4-1954.

(3.) In the present suit for eviction of the commercial site with the building thereon, the defendants raised a contention that they are entitled to the benefits of S.106(1) of the Kerala Land Reforms Act, (the Act for short) and are not liable to be evicted firm the premises in their possession. The Trial Court referred the case to the Land Tribunal under S.125(3) of the Act for decision on the above plea raised by the defendants. The Tribunal returned the finding that the defendants are entitled to the benefits of S.106 of the Act, and are not liable to be evicted. The Trial Court accepting the finding of the Land Tribunal granted a decree for arrears of rent Rs.24/- with interest at 6 per cent from the date of suit. The lower appellate court has confirmed the decision of the Trial Court. The Melcharthdars according to the appellate court, on getting eviction of the lard and building should be deemed to be the legal representatives of the lessee and are therefore entitled to protection under S.106(1) of the Kerala Land Reforms Act.