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1981 Supreme(Ker) 321

G.BALAGANGADHARAN NAIR
Thomas Varkey – Appellant
Versus
Arundhathi Ammal – Respondent


JUDGMENT

G. Balagangadharan Nair, J.

1. Appellant was the defendant in a suit instituted by the respondent for recovery of a small plot of 10 cents (item 1), the removal of a shed (item 2) standing on item 1 and for recovery of rent. The Trial Court granted plaintiff a decree for part of the arrears of rent claimed by her but disallowed the other two reliefs holding that the defendant is entitled to the protection of S.106, Land Reforms Act, Act 1 of 1964 ("the Act"). On appeal by the plaintiff the Additional Subordinate Judge granted the plaintiff the reliefs in respect of the land and shed as well and further allowed her the arrears of the rent which had been disallowed by the Munsiff on the ground of limitation.

2. By Ext. A1 dated September 6, 1961 DW 2 who is the defendant's son and one Joseph George who is the latter's brother inlaw took the land (item 1) fora term of 3 years with permission to erect a shed, instal machinery and carry on the business of a saw mill. By an endorsement Ext. A2 dated June 10, 1962 made on Ext. A1 DW 2 and Joseph George surrendered item 1 to ' the plaintiff, even though the term had not expired and assigned their rights in the building (shed) and mac




















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