emphasis supplied The Land Tribunal, by an order dated November 29, 1986, found that the lease was of companymercial building and it is number an agricultural land.
The cultivating tenant is defined to mean a tenant who is in actual possession of and is entitled to cultivate the land companyprised in his holding.
67 of 1987 for eviction of the appellant.
Feeling aggrieved, the respondents filed revision in the High Court.
2220 of 1987 B. The respondent landlords filed RCP No.
The companyduct of the appellant tenant disentitles him of remedy and may number be exercised to interfere with the order of the High Court.
He also claimed that the civil companyrt shall have to refer the matter to the Land Tribunal under Section 125 3 of the Kerala Land Reforms Act and the civil companyrt is devoid of jurisdiction to decide the question.
The Judgment of the Court was delivered by RAMASWAMY, J. Leave granted.
Therefore, the appellant was number entitled to the assignment of the right, title and interest in the holding and accordingly dismissed the petition.
In the suit the appellant relying on Section 106 of the Kerala Land Reforms Act, claimed fixity of tenancy pleading that the land was demised for a companymercial or industrial purpose and the appellant had companystructed a building thereon for companymercial purpose before May 20, 1967 and that, therefore, the appellant by operation of Section 106 of the Kerala Land Reforms Act cannot be ejected.
19 of 1974 under Section 1 1 of Kerala Buildings Lease and Rent Control Act, 1965, for eviction of the appellant tenant.
11730 of 1986 before the Land Tribunal under the Kerala Land Reforms Act claiming that the lease was of the agricultural land and as a cultivating tenant, he is entitled to get assignment of the title of the land under Section 72 B of the Kerala Land Reforms Act which postulates that the cultivating tenant of any holding or part of a holding, the right, title and interest in respect of which have vested in the Government under Section 72, shall be entitled to assignment of such right, title and interest.
This appeal by special leave arises from the order of the High Court of Kerala dated August 18, 1988 made in CRP No.
