JUDGMENT :

Uday Umesh Lalit, J.

1. This appeal challenges the final judgment and order dated 09.08.2018 passed by the High Court of Kerala in RCR No.172 of 2017.

2. One Sankara Kurup, owner of a piece of land admeasuring 27 cents erected a Theatre named “Manorama Theatre” thereon (“suit Property”, for short). The management of the Theatre was being conducted by his son-in-law named Kumara Kurup (predecessor of the respondents herein). After the death of Sankara Kurup, a claim was raised by his son Viswanatha Kurup that he was entitled to the rights and interests in said Theatre by virtue of a Will executed by his father.

Soon thereafter, proceedings were initiated by Kumara Kurup before the Land Tribunal Alappuzha being OA No.3233 of 1975 submitting, inter alia that he was a cultivating tenant and as such entitled to protection under the Kerala Land Reforms Act, 1963. Viswanatha Kurup was arrayed as respondent in the proceedings. The application preferred by Kumara Kurup was rejected by the Land Tribunal, Alappuzha on 17.03.1976. The finding rendered by the Land Tribunal was to the following effect:-

“The oral evidence adduced by respondent shows that the scheduled property and cinema t