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2012 Supreme(Ker) 1045

K.VINOD CHANDRAN
Korath – Appellant
Versus
Elias – Respondent


ORDER

K. Vinod Chandran, J.

1. The revision petitioner sought for fixity of tenure as a cultivating tenant before the Land Tribunal under the Kerala Land Reforms Act(for short the 'KLR Act'). The claim set up by the revision petitioner before the Land Tribuanal was through his father Paulo who is said to have been granted a tenancy by the original landlord(Ittikuriyathh); of 70 cents of property. Paulo having cultivated the said land in his life time; the same devolved on his son, the revision petitioner, on Paulo's death. Paulo and Korath had been cultivating the said land continuously and had been the tenants in occupation of the said lands. Korath, is a cultivating tenant entitled to cultivate the said lands as visualised by the KLR Act.

2. The respondents herein who were the great- grandchildren of Ittikuriyathh set up a claim that Ittikuriyathh had in fact by a will of the year 1957 set apart these properties for them and they being minors, at that point of time, their father Paulose had been looking after the affairs of the said property. The said Paulose was originally the respondent in the revision petition and having taken up the said contention on behalf of his children, the




















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