KUNHAMBU Vs. KUNHAMMAR

JUDGEMENT

(1.) The defendant, who was defeated in a suit for recovery of possession of B Schedule building, assailing the concurrent decree rendered against him.

(2.) The plaintiffs are admittedly the owners of the building in their occupation. The building is situated in 9 cents of land. They claimed rights as cultivating tenants and filed application under S.72B of the Kerala Land Reforms Act. That was dismissed as seen from Ext. A1 and Ext. A1 had been confirmed by the appellate authority as seen from Ext. A2. Finally that was upheld in Ext. A3 by this Court. The suit was filed after Ext. A1 order. The suit was resisted contending that Ext. A1 was being appealed against and the same was pending. It was also contended without prejudice to that, that the defendant is a kudikidappukaran in respect of the building mentioned in the plaint. He is entitled to purchase kudikidappu right in Para.7 of the Written statement.

(3.) The Trial Court found that there was no reason for reference of the issue to the Land Tribunal as enjoined in S.125(3) of the Kerala Land Reforms Act as he had been defeated in an application for purchase of the landlord's right under S.72B of the said Act. It was also found, based on the evidence as follows: