SANKARAN Vs. STATE

JUDGEMENT

(1.) B-party No. 1 contended that the property with the building involved in the case is in his actual possession and enjoyment since october 17,1959, under a lease deed granted by the predecessors-ininterest of a-parties; whereas A-parties contended that the B-parties have no manner of right over the properties in dispute, that A-parties are in possession and enjoyment of this property by virtue of a gift deed dated 27-8-1974, that the b-parties trespassed upon the property and therefore they are liable to be evicted.

(2.) B-party No. 1 had filed an application in O. A. No. 596/72 before the Land Tribunal under S. 72b of the Kerala Land Reforms Act, 1963 (Act 1 of 1964) for purchase of the Jenm right over the property said to have been covered by the lease deed including the property in dispute. A-parties resisted this petition and the same was dismissed on December 13,1974. B-party No. 1 filed an appeal against this order before the Appellate Authority, alleppey, and this appeal was pending at the time when proceedings were instituted in M. C. No. 62/76.

(3.) SUBSEQUENTLY on the request of the A-parties to hand over the building to them, the Sub Divisional Magistrate passed another order directing the eviction of B-parties from the building with the assistance of the police.