ORDER

First appellant is a firm which claims a right under Section 106 of the Kerala Land Reforms Act in respect of the suit property when the first respondent-plaintiff filed a petition for eviction of the appellants under certain Sections of the Kerala Building (Lease and Rent Control) Act, 1965. The Rent Control Court felt that the contention raised by the tenant claiming permanent tenancy requires to be considered in a regular civil suit. Thereupon parties were directed to approach the civil court. Pursuant to the said direction first respondent filed the suit for eviction under Section 11(3) and 11(4)(i) of the Kerala Building (Lease and Rent Control) Act. As the appellants, in their written statement raised a claim of permanent tenancy based on Section 106 of the Kerala Land Reforms Act, the question was referred to a Land Tribunal as required under Section 125(3) of the Kerala Land Reforms Act. The Land Tribunal decided the question in favour of the appellant and sent the records back to the civil court. Subsequently civil court dismissed the suit filed by the first respondent.

2. The matter was taken up before the First Appellate Court at the instance of the first respondent