ALI KOYA Vs. NARAYANAN NAIR

JUDGEMENT

(1.) This appeal is by defendants 1 to 8 in O. S.1612 of 1957 on the file of the Munsif, Kozhikode-I.

(2.) After the preliminary decree in O. S. No. 32 of 1941 on the fib of the Subordinate Judge, Calicut, the suit property has been taken under a receiving order and leased out by the receiver on 24-10-1945 to one Ahammad Koya, whose legal representatives are the appellants herein. By the final decree in that suit the property has been allotted, in partition, to the plaintiffs respondents. In this suit, the plaintiffs seek to recover the property from the defendants, and the latter claim fixity of tenure. The Trial Court overruled the defence and decreed the suit. The defendants' appeal before the Additional Subordinate Judge, Kozhikode, has been dismissed with costs, citing the following observations in Jacob v. Subramania Iyer ( 1960 KLT 68 ):

(3.) It is conceded that the immunity claimed by the appellants has now to be adjudged in the light of the provisions of the Kerala Stay of Eviction Proceedings Act, IX of 1967. Counsel for appellants contends that the Act IX of 1967 commands stay of all proceedings to evict tenants, inclusive of lessees under receivers of lands. It is pointed out that while S.3(1)(iv) of the Land Reforms. Act, I of 1964, exempts