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1988 Supreme(Ker) 212

PADMANABHAN
IPE – Appellant
Versus
PRAMATHAN NAMBOODIRIPAD – Respondent


Judgment :-

1. 614 acres of private forest belonged to the plaintiff. In the year 1111 he gave a licence extending for 11 years to one Unnikamma Sahib for clear-felling the timber. The licence was to expire in 1122 by which time the licensee was to cat and remove the entire trees. In the year 1119 when the licence was continuing plaintiff gave Ext. Al lease of the land to the defendants for a term of 24 years for converting into a plantation. The lease was to take effect and lessees to take possession only in 1122 after the licence period and the clear-felling were over. Lessees were authorised to clear the bushes, converting the land into a plantation and surrender possession after 24 years. Clear-felling was over and they took possession. The land was converted into a plantation. The term is over. Plaintiff seeks to recover the rent and other amounts due under the lease on the allegation that the defendants are not entitled to fixity of tenure for the reasons that it is a lease of private forest and a plantation lease exempted under S.3 (1) (vii) and (viii) of the Kerala Land Reforms Act. Defendants denied availability of these two exemptions, claimed fixity of tenure and contend







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