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1983 Supreme(Ker) 12

KADER
GOVINDANKUTTY MANNADIAR – Appellant
Versus
LAKSHMIKUTTY AMMA – Respondent


Judgment :-

1. The respondents in I. A. No. 1755 of 1980 in p. S. No. 242 of 1977 are the revision petitioners. O. S. No. 242 of 1977 was instituted by the respondent herein for recovery of possession of items of properties described in the plaint schedule on the strength of plaintiff's title. The defendants in the suit who are the revision petitioners herein filed a written statement contending inter alia that they are tenants, in respect of suit properties, entitled to fixity of tenure under the Kerala Land Reforms Act (Act 1 of 1964), herein-after called 'the Act'. On the basis of the pleading, issues were framed in the trial court and one of the issues was whether the defendants are tenants entitled to fixity of tenure under the Act. The question raised under this issue whether defendants 2 and 3 are tenants entitled to fixity of tenure, was referred under S.125(3) of the Act, to the Land Tribunal having jurisdiction over the area for decision of the question. Accordingly, the reference was taken on file by the Land Tribunal in O. A. No. 9 of 1978. But prior to the institution of O. S. No. 242 of 1977, the Land Tribunal had initiated two suo mote proceedings S. M. 1317 of 1977














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