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1984 Supreme(Ker) 58

KADER
THIRUVAMBADI RUBBER CO. LTD. – Appellant
Versus
DAMODARAN NAIR – Respondent


Judgment :-

1. Thiruvampadi Rubber Co. Ltd., the defendant in O. S.569 of 1982 on the file of the Munsiff, Kozhikode-II, is the revision petitioner and the revision is directed against an order passed by that court on I.A. 3750 of 1983 refusing the request made therein to hear issue Nos. 1,4, 5 and 6 before hearing and deciding issue No. 3. The said application was filed under 0.14 R.1 and 2 of the Code of Civil Procedure.

2. The respondents herein instituted the above said suit against the revision petitioner for recovery of possession of the plaint schedule property on the ground that the period of the registered lease-deed had expired. The revision petitioner resisted the suit filing a written statement mainly contending that he had sent the necessary premium of Rs. 693.75 before the expiry of the initial period of 36 years as stipulated in the lease deed, which was refused by the respondents herein, that by tendering the premium in time by virtue of the relevant clause the lease deed in question stood automatically renewed for another 36 years, that the suit is therefore premature, that the revision petitioner is entitled to fixity of tenure under the Kerala Land Reforms Act, th























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