SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1992 Supreme(Ker) 299

BALASUBRAMANYAN
Purushotham G. Plywood Co. – Appellant
Versus
Hamsa Kutty – Respondent


Judgment :-

The defendants are the appellants. The suit was filed by the respondent for recovery of possession of the plaint schedule property after terminating the tenancy created by Ext.A1 dated 14-11-1959. According to the respondent the suit transaction Ext.A1 though a registered lease deed for a term of 12 years and under which forty seers of paddy per annum was payable as rent was not a tenancy protected by the Kerala Land Reforms Act, the Act for short, and that therefore the respondent is entitled to recover possession after termination of the tenancy. The appellants resisted the suit contending inter alia that the lease transaction Ext.A1 confers fixity of tenure on them under S.13 of the Act and that therefore they cannot be evicted. The trial court on the basis of the finding by the Land Tribunal held that Ext. A1 though a lease is not an agricultural lease and that therefore the appellants are not entitled to claim fixity of tenure under S.13 of the Act. The trial court decreed the suit. On appeal by the appellant the Lower appellate Court agreed with the view of the trial court that only leases in respect of lands which are used for agricultural purposes qualify for pr












Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top