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1962 Supreme(Ker) 170

K.K.MATHEW
Chacko – Appellant
Versus
Varkey – Respondent


Judgment :-

1. This Civil Revision Petition has been filed by the plaintiff against an order of the lower court accepting an additional written statement filed by the defendant in the case. The facts briefly are: - a preliminary decree for redemption has been passed in O.S. No. 354121, and thereafter, the lower court passed a final decree on 13-11-1954, but the 1st defendant and the plaintiff filed appeals and second appeals against that decree and this court set aside the final decree, and remanded the case for a re-fixation of the compensation due to the defendant under Act 29 of 1958. That was on the 27th July 1961. On 3-1-1962 when the matter was pending consideration by the lower court the 1st defendant put in an additional written statement and a petition for receiving it as part of the pleading. In that written statement, he raised the contention that he is a tenant coming within the purview of Act IV of 1961, and prayed that the suit may be dismissed on the ground that he is entitled to fixity of tenure. The lower court passed an order allowing the prayer of the 1st defendant for receiving the written statement as part of the pleadings. It is against this order that the pla




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