KAMALAKSHI AMMA Vs. VIJAYAN

JUDGEMENT

(1.) The plaintiffs are the revision petitioners.

(2.) The suit is for recovery of the plaint schedule property with arrears of rent. The pleadings disclose that the plaint schedule property with a house, cinema hall and the land appurtenant thereto was let out to the respondent on 15-10-1967 on a rental of Rs. 300/- per month. The property sought to be recovered is more particularly described in 'B' schedule. B schedule property forms part of 'A' schedule property. The first defendant in his written statement has inter alia, contended-which alone is relevant for the purpose of considering the dispute in the revision petition-that be is entitled to the benefit of S.106 KLR. Act. In support of this plea he has stated in the written statement thus:-

(3.) The question whether the lease in question partakes of the character of a lease within the meaning of S.106 KLR. Act, has been referred to the Land Tribunal by the court below by the order under challenge.