THANKA Vs. BALARAMA IYER
LAWS(KER)-1968-10-38
HIGH COURT OF KERALA
Decided on October 16,1968

THANKA Appellant
VERSUS
Balarama Iyer Respondents

JUDGEMENT

- (1.) These Second Appeals arise out of O.S. 530 and O.S. 532 of 1962 on the file of the Munsiff's Court, Chittoor. The receiver appointed in O.S. No. 59 of 1957 on the file of the Sub Court, Palghat in respect of the C schedule properties therein is the plaintiff in both the suits. O.S. 59 of 1957 was filed in the Trichur District Court as O.S. 87 of 1117 for partition and it was transferred to the Sub Court, Palghat. The final decree proceedings in the partition suit are still pending.
(2.) The plaintiff's brother was first appointed receiver in respect of the C schedule properties in the partition suit. The properties which are the subject matter of the suits giving rise to the Second Appeals are comprised in the C schedule in the partition suit. The plaintiff's brother when he was the receiver leased the plaint properties. in the two suits to the 1st defendant in O.S. 530 of 1962 who is the sole defendant in O.S. 532 of 1962. Ext. P-5 is the lease deed in respect of the properties in O.S. No. 530 of 1962 and Ext. P-15 is the lease deed in respect of the properties in O.S. 532 of 1962 in favour of the receiver After the death of the plaintiff's brother the plaintiff was appointed receiver. The suits are instituted by the plaintiff for recovery of possession of the plaint properties.
(3.) The only contention of the appellants is that they are entitled to the benefit of the Kerala Land Reforms Act, 1963 (Act 1 of 1964) and the decrees for recovery of possession of the properties have to be vacated. The courts below overruled the plea mainly on the ground that a lessee under a receiver appointed under O.40 R.1 C.P.C. is not entitled to claim fixity of tenure.;


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