J U D G M E N T

The defendant in a suit for injunction is the appellant. The plaintiff is a temple. The case of the plaintiff is that the defendant who has nothing to do with the property of the temple is attempting to erect some structures in a portion of the temple property. The portion of the temple property where the defendant attempted to erect structures is described in the plaint schedule. The defendant contested the suit contending that the plaint schedule property was the subject matter of a lease; that the lessee of the temple has erected permanent structures in the temple property and that he has obtained the right of the lessee by virtue of a document executed in the year 1992. According to him, since his predecessors have erected structures in the property, he is entitled to protection of Section 106 of the Kerala Land Reforms Act . It is seen that the trial court referred the issue relating to the protection claimed by the defendant under of the to the Land Tribunal and the Land Tribunal decided the said issue against the defendant. The trial court accepted the decision of the Land Tribunal and decreed the suit. The defendant challenged the decision of the trial