In C.M.P. No.
9751 of 1977 dated 3rd August, 1977.
1208 of 1964.
1163 of 1973 before the High Court of Kerala.
There will be numberorder as to companyts.
By judgment dated 10.4.1970, the High Court held that the grant by the Devaswom did number companyfer the right on the tenants to carry on the fishing operations in the plaint lands.
The matter came up before the High Court of Kerala in S.A. No.
1163 of 1973 dated 7.2.1977 and subsequent clarification order dated 3.8.1977 in C.M.P. No.6759 of 1977.
A906 of 1978.
The Devaswom filed an appeal to the lower appellate companyrt in respect of the Kanam lands and the defendants filed an appeal in respect of the verumpattom lands.
The High Court further found that in view, of the Kanam.
The respondents in the said apppeal, defendants 2,4,6,1 1, legal representatives of the 8th defendant and the legal representative of the 1st defendant in the suit am the tenants of the suit property.
But the lower appellate companyrt found that the Devaswom was entitled to exercise the right of fishing, on the basis of a right of easement.
9751 of 1977, regarding the apportionment of the companylections in deposit in companyrt, directions were given to the following effect This will be done in appropriate proceedings in the trial companyrt for directions for disbursement of the companylections made by the Receiver during the time he functioned, and by those responsible, in respect of the companylections thereafter.
The above Civil Miscellaneous Petitions were disposed of in the following manner by under dated 3rd August, 1977.
It was further found that with regard to verumpattom tenants and tenants under other demises the rights of the landlord stood transferred to the tenant under the provisions of the Kerala land Reforms Act It was finally companycluded that the Devaswom was divested of its right of fishing and that the same stood vested in the tenants both kanam tenants as well as tenants under the verumpattom and other demises.
The plaintiff was held entitled to carry on the fishing operations in the plaint lands as well as in the thodus.
The defendants tenants have filed S.L.P. No.
The Cochin Devaswom Board Plaintiff in the suit has filed C.A. No.
The Devaswoms appeal A.B. No.221 of 1972 was allowed and the defendants Appeal A.S. No.
248 of 1972 was dismissed.
2312 of 1977 against the judgment of the High Court in S.A. No.
The trial companyrt found against the plaintiff.
6759 of 1977 and prayed for certain clarifications in the aforesaid judgment delivered in A.No.1 163 of 1971 This petition was companysidered along ,with C.M.P.No.9751 of 1977, a similar application filed by the tenants defendants.
A direction was given to the trial companyrt to apportion the companylections deposited by the receiver and for appropriate disbursement thereof for parties entitled to the said amount.
Against the aforesaid judgment and de crees, the defendants tenants filed S.A. No.
The High Court held that in view of section 3 of the Kanam Tenancy Act, the Board was divested of the right to carry on prawn fishing, since the right vested in the Kanam tenants.
6759 of 1977, the decree was modified in the following manner We would therefore allow the Second Appeal, and modify the decree and judgment of the lower appellate companyrt to this extent, that the plaintiffs right of fishing in respect of the kanam lands will stand extinguished on and from 1.4.1956, and in respect of the verumpattom lands and other companynate tenures, on and from 1.1.1970 and that in other respects the decree of the lower appellate companyrt will stand.
The Board prayed for a declaration that it has the right of fishing in and over the plaint lands, nearly 220 acres in extent, out of which 107 acres are paddy lands.
In effect, the plaintiff jenmi landlord as well as the defendants tenants have filed the Civil Appeal and the Special Leave Petition against the judgment of the High Court dated 7.2.1977 rendered in S.A. No.
The Board claimed right of prawn fishing in the plaint schedule lands and also stated that the tenants defendants had numbersuch fishing right and prayed for an injunction to restrain the defendants from interfering with the Devaswoms right.
The suit, O.S. No.
The Board appellant in C.A. No.
118/58, Sub Court, Emakulam had a chequred career.
4906 of 1978 against the judgment in S.A. No.
1163 of 1973 and the orders passed in the Civil Miscellaneous Petitions dated 3.8.1977.
Tenancy Ant of 1955 and the Kerala Land Reforms Act of 1963, the plaintiff had been deprived of its right of fishing and that the same had become vested in the tenants.
The second appeal filed by the tenants was allowed and the plaintiffs suit seeking a declaration and injunction was dismissed.
The plaintiff in O.S. No.
1163 of 1973 and the order passed in C.M.P. No.
Both the matters were heard together.
118 of 1958, Sub Court, Ernakulam Cochin Devaswom Board, Trichur hereinafter referred to as the Board is the appellant in C.A. No.2312 of 1977.
These are companynected cases.
It was claimed that the Devaswom had resewed the right of fishing at the time of granting the demise and alternatively that it was entitled to carry on prawn fishing as a right of easement.
But trial companyrt held that the right remained unaffected in respect of lands held on verumpattom and other demises.
It was filed by the Board, representing one of its institutions or units the Ayyampilly Devaswom hereinafter called Devaswom against the tenants under different demises Kanam, verumpatton and other demises.
2312 of 1977 is the respondent in S.L.P.No.4906 of 1978.
The matter was remitted to the trial companyrt for an investigation and for passing appropriate orders, After the remit, the trial companyrt held that the plaintiffs claim for fishing right in respect of lands granted on Kanam demise was lost by reason of the provisions of Be Kanam Tenancy Act of 1955, and had vested in the Kanani tenants.
They are the petitioners in S.L.P. No.
In C.M.T. No.
The plaintiff in the suit the Cochin Devaswom Board filed C.M.P.No.
