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1973 Supreme(Ker) 176

V.P.GOPALAN NAMBIYAR, GEORGE VADAKKEL
NARAYANA MENON – Appellant
Versus
KALLANDI – Respondent


Judgment :-

1. CRP. Nos. 1510 & 1511/1972: These two revision petitions have been referred to us to settle the scope of S.125(3) of the Kerala Land Reforms Act 1 of 1964. The suits out of which these revisions arise were for injunction restraining the defendant from interfering with the plaintiff's possession.

The defendant in the suits pleaded that he was in possession of the land and that he was in possession as a tenant entitled to regard himself as such under the provisions of the Land Reforms Act. On these pleas the Court below allowed the applications made for stay of the suits, and directed that the records in the suits will be sent to the Land Tribunal for decision of the question whether the defendants are tenants of the plaint properties entitled to fixity of tenure. It also directed that the other questions in the suits will be considered after the records are received back from the Land Tribunal together with the decision regarding the tenancy pleaded. These orders passed in the two suits are challenged in these revision petitions.

2. S.125 (3) of the Act reads:

"If in any suit or other proceeding my question regarding rights of a tenant or of a kudikidappukaran (including






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