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2014 Supreme(Ker) 819

K.HARILAL
Mammu Haji and Company – Appellant
Versus
Vasanthalakshmi, D/o. M. K. Krishnan – Respondent


Advocates Appeared:
For the Petitioner: Sri. N.L. Krishnamoorthy, Sri. K. Lakshminarayanan, Smt. Sathyashree Priya
For the Respondent: Sri. Mohan Jacob George, Smt. Reena Thomas, Smt. P.V. Parvathi, Sri. L. Ram Mohan

JUDGMENT :

K. Harilal, J.

The appellant herein is the defendant in O.S. No.3/2002 on the files of the Munsiff’s Court, Vadakara as well as the respondent in A.S. No.30/2004 on the files of the court of Subordinate Judge, Vadakara. The above suit was filed by the respondent/plaintiff for recovery of possession of the plaint schedule property, on the allegation that the defendant is a lessee in possession of the property. The defendant contended that he is not liable to be evicted from the plaint schedule property as he is entitled to get the protection under Section 106 of the Kerala Land Reforms Act, 1963 (for short, 'the Act'). The trial court accepted the contentions raised by the defendant and dismissed the original suit. Feeling aggrieved, the plaintiff had preferred the above appeal suit and, after re-appreciating the entire evidence on record, the appellate court reversed the findings arrived at by the trial court and decreed the suit. This Regular Second Appeal is filed challenging the judgment and decree, reversing the findings of the trial court, passed by the first appellate court. The plaint averments, in brief, are as follows:

2. The defendant is in occupation of an immova


























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