ANANTHAKINI PADMANABHA KINI Vs. KAMALAVATHY ANIMAL

JUDGEMENT

(1.) Plaintiff is the appellant.

(2.) The property in dispute belonged to one Narasimba Pai. After his death, the heirs partitioned all his properties including the property in dispute and as per the said partition, the property in dispute was put in the possession of Saraswathi Animal (widow of Narasimha Pai) in lieu of her maintenance. Saraswathi Ammal in her turn leased this property to Ananthakini and on the death of Ananthakini, the leasehold right devolved on his son, the plaintiff. The defendant is the sister of the plaintiff. The plaintiff and the defendant entered into an agreement evidenced by Ext.A3 dated 15-5-1974 and as per this agreement the property has been put in the possession of the defendant so that she can cultivate the same and appropriate the produce towards her maintenance until the happening of the contingency contemplated thereunder.

(3.) The defendant claiming herself to be a cultivating tenant of the holding (she traces her possession to an oral lease granted by the family of the plaintiff in the year 1-9-73) filed O.A. 238/73 under S.72B, K.L.R. Act. The appellant got himself impleaded in the said proceedings and contested the matter. The O.A. ultimately was dismissed on 29-5-1976. The defendant thereafter, in the year 1976, filed another O.A. 697/76 again under S.72B and again without impleading the appellant. This O.A. was allowed. The appellant, with leave of the Appellate Authority filed an appeal, A.A. 487/77 challenging the said order. The appeal was allowed and the matter was remanded to the Tribunal for a de novo consideration. The Tribunal went into the question afresh and dismissed the application. The said order has become final.