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1978 Supreme(Ker) 237

P.JANAKI AMMA
ACHUTHAN NAIR – Appellant
Versus
RAMAN – Respondent


Judgment :-

1. The revision petitioner is the plaintiff in O. S. No. 859 of 1967 on the file of the Munsiff, Irinjalakuda, a suit for injunction restraining the defendants from interfering with the plaintiff's possession in respect of a paddy field. Defendants 5, 6 and 10 claimed that they were cultivating the property as varam tenants and were entitled to fixity of tenure. The suit was dismissed on 17th August, 1971 after the coming into force of the Land Reforms Amendment Act (35 of 1969) holding that the plaintiff failed to prove his possession on the date of the suit. The decision of the trial court was reversed in appeal by the Subordinate Judge, Irinjalakuda. Defendants 5, 6 and 10 filed S. A. No. 366 of 1974 of this Court. By the time the case came up for hearing, a Full Bench of this Court had held in Anantha Narayana Iyer v. Paran (1976 KLT. 403) that in view of S.125 (3) of the Land Reforms Act the civil court had no jurisdiction to decide the question whether a person is a tenant and that the question should be referred to the Land Tribunal. Following the decision in Anantha Narayana Iyer v. Paran (1976 KLT. 403) Namboodiripad J. set aside the judgment and decree of the















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