MADHAVAN NAIR Vs. KUNHIKAVAMMA

JUDGEMENT

(1.) AFTER hearing Sri. Chandra Sekhara Menon counsel for the appellant and Sri. Sankara Menon , learned Counsel for the respondents, we are of the view that S. 4 of Act I of 1957 does not debar the courts from considering the question whether a person who claims to be a tenant is a tenant or not. It is only after a decision is arrived at finally regarding the rights claimed by him that the question of application of S. 4 arises. This case may go back to be posted before a single judge.