KATTIL RAMAN KUNHIS SONS CHATU Vs. VADAKKE PODUVATH DEVAKI AMMAS DAUGHTER JANAKI AMMA
LAWS(KER)-1968-2-19
HIGH COURT OF KERALA
Decided on February 07,1968

KATTIL RAMAN KUNHIS SONS CHATU Appellant
VERSUS
VADAKKE PODUVATH DEVAKI AMMAS DAUGHTER JANAKI AMMA Respondents

JUDGEMENT

- (1.) Defendants 10, 12 and 13 are the appellants. The suit was for recovery of possession of the properties scheduled to the plaint. The only questions arising in this appeal are whether the three appellants are entitled to the protection conferred by S.7 and 13 of the Kerala Land Reforms Act, 1963, Act 1 of 1964, and whether the suit is barred by limitation as against any of these appellants. We shall deal with these questions.
(2.) The suit was instituted on 15-9-1954. On that day only the 10th defendant was on the party array. Defendants 12 and 13 were impleaded in the suit in the year 1959. The suit has been filed on the basis of an execution sale held In O.S.306 of 1942 of the Chowghat Mun-siff's Court. That sale was on 1-7-1942 and was confirmed on 17-8-1942. The decree holder took what is called symbolical delivery of the properties on the 14th and 15th of September, 1942.
(3.) A question has been raised as to, whether a suit would lie in view of S.47 of the Code of Civil Procedure. This question has been found against the defendants by the Trial Court relying on the rulings of this Court in People's Cooperative Bank Ltd. v. Parvathy Ayyana Pilliai, 1958 KLT 925 = ( AIR 1959 Ker.133 ) and in State of Travancore-Cochin v. Lakshmi Ammal Meenakshi Ammal, 1957 KLT 1094 = ( AIR 1958 Ker. 309 ). We are of the view that this conclusion is correct and the appellants' contention that the suit as such is not maintainable and the suit is barred by limitation under Art.138 of the Limitation Act cannot stand for the suit has been filed within 12 years of the date on which symbolical delivery was given. It has been held that that date will give a fresh cause of action for a suit for recovery of possession.;


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