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1958 Supreme(Ker) 139

KOSHI, KUMARA PILLAI, M.S.MENON
Ravi Brahmadathan Nambooripad – Appellant
Versus
Devassy – Respondent


Judgment :-

1. The only question that arises for consideration in this petition is whether O. S. No. 56 of 1957 of the Ernakulam Munsiff's Court has to be stayed under S.4 of the Kerala Stay of Eviction Proceedings Act, 1957 (Act I of 1957) or not.

2. The suit seeks the recovery of certain arrears of michavarom alleged to be due under a kanom demise. Para.1 of the plaint speaks of the demise as follows:

The arrears claimed cover a period of 12 years 1120 M. E. to 1131 M. E. (both years inclusive).

3. The lower court dealt with the contention that the suit should be stayed as follows:

"The suit is for arrears of michavarom. It is argued for the plaintiff that the claim is for michavarom and not for pattom and that therefore Act 1/57 is not applicable. Act I is applicable to kanapattom also. This suit is therefore stayed under Act 1/57".

4. The revision petition states the contentions of the petitioner (Plaintiff) in the following terms:

"The lower court has illegally exercised its jurisdiction in finding that a suit for arrears of michavarom is hit by the provisions of Act 1/57. Act 1/57 does not warrant the stay of suits for arrears of michavarom and it is wrong to find that it will come






















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