- (1.) First appellant is a firm which claims a right under Sec. 106 of the Kerala Land Reforms Act in respect of the suit property when the first respondent-plaintiff filed a petition for eviction of the appellant under certain sections of the Kerala Building (Lease and Rent Control) Act, 1965. The Rent Control Court felt that the contention raised by the tenant claiming permanent tenancy requires to be considered in a regular civil suit. Thereupon parties were directed to appraoch the Civil Court. Pursuant to the said direction first respondent filed the suit for eviction under Secs. 11(3) and 11(4)(i) of the Kerala Building (Lease and Rent Control) Act. As the appellants in the written statement, raised a claim of permanent tenancy based on Sec. 106 of the Kerala Land Reforms Act the question was referred to a Land Tribunal as required under Sec. 125 (3) of the Kerala Land Reforms Act. The Land Tribunal decided the question in favour of the appellant and sent the records back to the Civil Court. Subsequently, the original Civil Court dismissed the suit filed by the first respondent.
(2.) The matter was taken up before the First Appellate Court at the instance of the first respondent and that court confirmed the decision of the first court and dismissed the appeal. Then first respondent moved the High Court in Second Appeal. A Division Bench of the High Court of Kerala set aside the decree of the two courts below and allowed the Second Appeal and decreed the suit for eviction as per the impugned judgment.
(3.) The main reasoning adopted by the Division Bench of the High Court is that though there was an earlier lease prior to 1956 the same was surrendered by the tenants as per Ext. B-9 dated 14-4-1956 and even that was surrendered subsequently as per the Ext. A-2 dated 1-1-1962. When the original lease was surrendered the tenants of that lease cannot claim right under Section 106 of the Kerala Land Reforms Act, according to the Division Bench of the High Court.;