SHAMSUDDIN, V.SIVARAMAN NAIR
Kuruvilla Yohannan – Appellant
Versus
Kumaran – Respondent
1. This Civil Revision Petition has come up before us on a reference by our learned brother M.P. Menon, J. on the question whether S.20A of the Land Conservancy Act excludes from its ambit suits under S.6 of the Specific Relief Act, as held by Padmanabhan, J. in Philip v. Skaria, 1987 (1) KLT 213.
2. The short facts are the following: Petitioners-plaintiffs filed O.S.No.360 of 1981 under S.6 of the Specific Relief Act for recovery of 2.15 acres of poramboke land in Sy.No.748 of Pasupara Village, which the predecessor-in-interest of the petitioners had reduced to possession since 1950. He was in enjoyment of that property since then. Revenue authorities had imposed and collected penal tax from him under the Land Conservancy Act in L.C.No.734/52. Two years prior to the institution of the suit, he had put up a shed in the suit property. He was staying 4 Kms. away therefrom. The, first defendant is the immediate neighbour on the northern side of the suit property. On 10-8-1981, first defendant forciably took possession of the property taking advantage of the absence of the original plaintiff. The second plaintiff was examined as Pw.1 and two other witnesses were also examine
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