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2013 Supreme(Ker) 558

THOMAS P.JOSEPH
Poddar Plantations Limited, represented by the Power of Attorney Holder Shaji K. Zachariah – Appellant
Versus
Thekkemariveettil Madhavi Amma – Respondent


Advocates Appeared:
For the Appellant:P.B. Krishnan, Mrs. Geetha P. Menon, N. Ajith, P.B. Subramanyan, Advocates.
For the Respondents:R1 to R9, Mrs. Prabha R. Menon, A.P. Chandrasekharan, Sr. Advocate, R6, V.M. Krishnakumar, M. Krishnakumar, K. Jayesh Mohankumar, Mrs. P.R. Reena, Advocates.

Judgment :

1. The following points arise for a decision in the appeal, cross objection and the civil revision.

(I) Whether the leased property is properly described by the plaintiffs in the plaint?

(II)(a) Whether the 2nd defendant is entitled to fixity of tenure under the Kerala Land Reforms Act (for short, the KLR Act”)?

(b) Whether the 2nd defendant is entitled to fixity of tenure under the Malabar Tenancy Act (for short, “the Tenancy Act”)?

(III) Whether the 2nd defendant is entitled to get compensation for improvements (allegedly) effected in the leased property under the Kerala Compensation for Tenants Improvements Act, 1959 (for short, “the Tenants Improvements Act”)?

(IV) Whether the plaintiffs are entitled to get mesne profits and if so from which day?

(V) Whether the trial court was correct in allowing recovery of mesne profits by an amendment of the judgment and decree?

2. The appeal arises at the instance of the 2nd defendant, from the judgment and decree of the Sub Court, Kozhikode in O.S. No.16 of 1975 allowing recovery of possession of the plaint B schedule items from the defendants. The Cross Objection arises from that part of the judgment and decree (as it ori
















































































































































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