M.P.MENON
PARUKUTTY AMMA – Appellant
Versus
KOCHUNNY – Respondent
1. A "small holder" applied to the Land Tribunal, Trichur in the year 1964, for resuming half of the holding from his tenant, under S.17 of Kerala Act 1 of 1964. The Tribunal allowed it in August, 1965. The identity of the portion to be resumed was fixed in accordance with the tenant's option, and the solatium to be paid, at Rs, 592/83. Under S.20 of the Act, as it then stood, the solatium payable was an amount equal to one year's rent; and the Tribunal had committed a mistake in taking into account the rent for the whole of the holding, instead of one half thereof. The small holder ("landlord") and the tenant appealed to the Appellate Authority. The tenant's appeal was dismissed, while in the landlord's appeal, the solatium was reduced by 50%. The appeals were disposed of in August, 1966. The tenant did not take up the matter in revision The landlord, who had deposited the whole amount much earlier, then withdrew half of it, and filed an application (E.P. No. 242/67) before the Munsiff's Court for executing the resumption order. Under S.22 (7) of the Act, as it stood at that time, an order for resumption had to be executed through the civil court, "as if the order were
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