MUHAMMED Vs. KOYAMMU HAJI

JUDGEMENT

(1.) A question of considerable importance arises in this second appeal. It relates to the application of S.13B of the Kerala Land Reforms Act, 1963 (Act 1 of 1964), hereinafter referred to as 'the Act'. Before referring to the facts of the case, I feel it is apposite to quote S.13B of the Act.

(2.) A landlord jenmi instituted a suit against one Pathumma for arrears of rent for three years, as O. S.632 of 1961, in the Munsiff's Court, Tirur. The suit was decreed. In execution of the decree, the tenancy right of Pathumma was sold in court auction on 14-6-1965. The decree holder himself purchased the property in auction. The same was confirmed. The respondent herein took delivery of the property on 25-8-1965. The original tenant Pathumma died. One Ayidru was the legal heir of the leasehold interest. Ayidru sold his interest to one Moideen under Ext. B1. Moideen assigned his right in the property to Mohammed - one of the children of Ayidru. This was under Ext. B2 dated 21-4-1964. Ayidru filed an application under S.13B of the Act as E. A. No. 646 of 1970 in E. P. No. 680 of 1963 in O. S.632 of 1961. Ayidru died in 1975 and the legal representatives were impleaded.

(3.) Finding that on the facts S.13B of the Act is applicable, the Munsiff Court allowed the application E. A. 646 of 1970 and directed restoration of possession of the holding. The respondent herein filed an appeal before the Subordinate Judge's Court, Tirur. The appellate court did not agree with the Munsiff Court and allowed the appeal. Now, the legal representatives of Ayidru appeal.