The present appellant, who is one of the legal representatives of the original defendant, filed a second appeal in the High Court of Kerala.
Appeal by special leave from the judgment and decree dated July 25, 1961 of the Kerala High Court in S.A. No.
The High Court negatived this companytention, and dismissed the appeal.
225 of 1964.
On appeal, the District Court of Quilon affirmed this decree.
The appellant number appeals to this Court by special leave.
During the pendency of this appeal, Act IV of 1961 was repealed and the Kerala Land Reforms Act, 1963 Act 1 of 1964 came into force.
On May 31, 1951, the Principal District Munsif Quilon decreed the suit.
R. K. Pillai, for the respondents.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Before the High Court, the appellant claimed fixity of tenure and protection from eviction on the ground that he was a kuzhikanamdar or alternatively, the holder of a kudiyiruppu, and, therefore, a tenant within the meaning of s. 2 50 i e read with s. 2 22 and s. 2 50 i j read with s. 2 21 of Act IV of 1961.
During the pendency of the litigation, the plaintiff and the defendant died, and their legal representatives were substituted in their place.
During the pendency of this appeal, the Kerala Agrarian Relations Act, 1960 Act IV of 1961 came into force.
By this deed, the plaintiff sold to the defendant the building standing on the property for 350 fanams and also transferred to him for 350 fanams the right to possess and enjoy the property for 12 years in kuzhikanam right with liberty to plant companyonut trees thereon, expressly reserving for the plaintiff the right to enjoy the fruit bearing trees then standing on the property The deed provided that after the expiry of 12 years the defendant would on demand demolish and take away the building and surrender possession of the land on receipt of 350 fanams and the agreed companypensation for the companyonut trees planted by him.
L S5SCI 11 G. Pudissery, for the appellant.
The plaintiff instituted a suit for redemption of the property.
The Judgment of the Court was delivered by Bachawat, J. In 1921, the plaintiff executed in favour of the defendant an otti kuzhikanam deed in respect of the suit property.
852 of 1957.
