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2012 Supreme(Ker) 842

K.VINOD CHANDRAN
Chandra Gopi – Appellant
Versus
U. K. Gopalakrishnan – Respondent


Advocates appeared:
For the Petitioners:P.G. Parameswara Panicker (Sr.), P. Gopal, Advocate.
For the Respondent:R1, G. Unnikrishnan, A. Balagopal, R5, T.H. Abdul Azeez, M.M. Salim, R2 to R4, R6, R9 to R13, Elizabeth Mathai Idiculla, Mohan Idiculla Abraham, Martin D. Alumkara, Rachel Joseph, Pushpy B. Muricken, E.S. Simon, Advocates.

Judgment :

The assignees, of a 'tenant' who obtained purchase certificate, are in revision against concurrent findings. The path to this Court, as is usual in proceedings under the Kerala Land Reforms Act, 1963 (hereinafter referred to as "the Act") was strewn with remand orders. Two persons, viz., Ramakrishnan and Chandra Gopi, obtained assignment of a total of 2.61 acres of land in Survey No.1496/2 and 3 of Kodakara Village from one Kunjappu. Kunjappu's legal heirs are respondents 1 to 6 and 9 to 13, who are the contesting respondents.

2. The brief facts are, that, Kandu, the original landlord, had allegedly leased out the said properties by an oral lease to his sister Kunhipennu (@ Kochupennu). Kunhipennu, by Exhibit B2 bearing No.200 of 1120 M.E., sold the lease hold rights to her daughter Kochuparu and her son-in-law Kunjappu jointly. Kunjappu, in 1959 by Exhibit A2 deed No.700 of 1959, executed a fresh lease (patta-seetu) to the landlord Kandu. Whether the said lease is a fresh one in his individual name or whether it is a continuation of the lease to Kunjappu and Kochuparu is essentially the question that has to be resolved in the above case.

3. Kandu sold his jenm rights to



























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