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1999 Supreme(SC) 70

D.P.WADHWA, K.T.THOMAS, S.S.M.QUADRI
EASO YOHANNAN (D) BY LRS. – Appellant
Versus
BAHELAMMA KOSHY – Respondent


( 1 ) THE appellants are the legal representatives of a person called Easo yohannan who was a tenant of the land having an extent of 3. 81 acres in a suit filed by legal representatives of one Perumal for recovery of possession of the property. The trial court dismissed the suit holding that the tenant has got fixity of tenure. The aforesaid finding was taken by the trial court as the land Tribunal to which the question was referred has recorded such a finding. When an appeal was filed by the lessor, the trial court decree was confirmed and the appeal was dismissed. But the High Court in a second appeal interfered with the concurrent findings and granted a decree for recovery of possession of the property. Hence this appeal by special leave.

( 2 ) SOME more facts would be of use for disposal of this appeal which are stated below: the suit property originally belonged to two brothers as co-owners. They are Perumal and his brother Koshy. Perumal died in the year 1948 leaving behind him his widow Annamma and daughter and granddaughter (or daughters or granddaughters) through a predeceased son. It is the case of the plaintiff that the lease was created in favour of Easo Yohannan by the






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