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2003 Supreme(SC) 741

Chandy Varghese – Appellant
Versus
K. Abdul Khader – Respondent


JUDGMENT

Dharmadhikari, J.-This appeal under Article 136 of the Constitution of India has been preferred by the successors-in-interest of contesting Defendant No. 1 - Chandy against the judgment dated 7-12-1998 passed by the High Court of Kerala confirming the decree of injunction and recovery of possession passed by the courts below in favour of the respondents who are the Legal Representatives of the original plaintiff-Kochunni.

2. The principal question which falls for consideration in this appeal is whether the contesting defendants are entitled to protection against eviction from the suit property under Section 106 of the Kerala Land Reforms Act, 1963 [for short the Act ]. Section 106 of the Act protects the lessee against eviction from a land obtained by him for commercial or industrial purposes and over which he has constructed a building for commercial and industrial purposes before 20-5-1967.

3. The relevant sub-section (1) of Section 106 of the Act with explanation therein reads thus:-

"106. Special provisions relating to leases for commercial or industrial purposes.-(1) Notwithstanding anything contained in this Act, or in any other law, or in any contract, or in any order























































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