KURICHIYAN CHANDU Vs. KUNJURAMAN NAMBIAR

JUDGEMENT

(1.) The defendant appeals against the decree of the lower appellate court reversing that of the Trial Court and granting a decree for recovery of possession of the plaint schedule property.

(2.) The plaint schedule property is 3.47 acres of land in R.S. No. 121/2 of Periya village in North Wynad Taluk. The total extent of the survey field is 9.10 acres. The plaintiff claims a lease hold title under Ext.A1 marupat of the year 1933 executed by him to one Beeyathumma who had a Kanom right from the Vadakkedath Tarwad. The suit originally instituted was one for a permanent injunction to restrain the defendant from interfering with the plaintiff's possession of the property. The suit was later amended seeking recovery of possession. The defendant is an Adivasi. He contended that the entire survey field was in the possession of his father as a tenant under the plaintiff's tarwad. After the death of the father, the defendant is in possession of the land as a tenant. Both the father and the son were agricultural workers under the plaintiff's tarwad. The plaintiff in course of time reduced portions of the survey field into his possession insisting on surrender of the same by the defendant and his father, and the suit property is what remains of the survey field in his possession is a tenant under the plaintiff.

(3.) The Trial Court at the first instance found the defendant's tenancy of the suit property under the plaintiff and by judgment dated 31-5-1974 dismissed the suit. The plaintiff took up the matter in appeal before the District Court, Tellicherry as per A.S. 53 of 1975. The plaintiff sought a remand of the suit for the reason that the finding of the Trial Court upholding the tenancy of the defendant was without jurisdiction for the reason of S.125(3) of the Kerala Land Reforms Act. The learned District Judge by judgment dated 6-7-1976 upheld this contention and remanded the suit to the Trial Court for fresh disposal after referring the question of tenancy for decision by the Land Tribunal under S.125(3) of the Kerala Land Reforms Act. After remand the Trial Court referred the question for decision by the Land Tribunal and the Tribunal returned the finding dated 29-3-1978 upholding the tenancy set up by the defendant. Ext.C3 is the finding of the Land Tribunal. The Trial Court accepting Ext.C3 finding of the Land Tribunal dismissed the suit upholding the defendant's tenancy. The lower appellate court has reversed the decision of the Trial Court and has decreed the suit for recovery of possession of the suit property finding against the defendant's plea of tenancy. It is against this that the defendant has come up in Second Appeal.