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1972 Supreme(Ker) 123

T.C.RAGHAVAN, V.BALAKRISHNA ERADI, N.D.P.NAMBOODIRIPAD
RT. REV. JEROME FERNANDEZ – Appellant
Versus
BE-BE RUBBER ESTATE LTD. – Respondent


Judgment :-

1. This second appeal arises out of a suit filed by the appellant herein for recovery of possession of the plaint schedule property with arrears of rent up to the date of suit and future mesne profits. The suit is in respect of an extent of 224 acres 56 cents which forms part of a larger area of 259 acres 56 cents which had best) leased out by the plaintiff's predscessor-in-office in favour of one A.C.M. Anthraper (deceased) as per a lease deed dated the 17th December, 1926, evidenced by Ext. P.1. The leasehold right of Anthraper in respect of 224 acres 56 cents included in the plaint schedule was transferred to the defendant company on the 8th May, 1937. under the assignment deed Ext. P2. The lease Ext. P1 was for a term of 35 years and the said period expired on the 17th December. 1961. Thereafter the plaintiff made demands on the defendant for surrender of possession and since the defendant did not comply with the said demand the present suit has been instituted seeking the reliefs aforementioned.

2. The defendant company pleaded that it is entitled to fixity of tenure in respect of the holding under the provisions of the Kerala Land Reforms Act, 1963 (Act 1 of 1964),




























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