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1973 Supreme(Ker) 198

GEORGE VADAKKEL, V.P.GOPALAN NAMBIYAR
ALAVI – Appellant
Versus
MOHAMMEDKUTTY HAJI – Respondent


Judgment :-

1. The plaintiff-revision petitioner filed O. S.7 of 1972, Munsiff 's Court, Tirur for an injunction against the respondent herein alleging that he was a tenant under the third respondent. An ex parte ad interim injunction was passed on 7-1-1972. The Munsiff thereafter held that the suit was liable to be stayed under S.125(3) of the Kerala Land Reforms Act (Act I of 1964) as a question of tenancy was involved in the suit. He stayed proceedings by order dated 31-10-1972 and referred the question of tenancy for determination to the Land Tribunal. Consequent on this order, by a further order dated 14-11-1972 the Munsiff cancelled the order of interim injunction under S.125(7). Against this order vacating the interim injunction, the plaintiff-revision petitioner filed an appeal to the Sub Court which was dismissed. It is against this order that this revision has been filed.

2. Counsel for the revision-petitioner relied upon our recent judgment in CRP. Nos. 1510 and 1511 of 1972 and 27 of 1973 in which we considered the scope of S.125(3) of the Kerala Land Reforms Act. We have ruled in those revision petitions that S.125(3) is not attracted to suits for injunctions simplicite





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