VASUDEVA PANICKER Vs. A V VISWANATHIYER
SUPREME COURT OF INDIA (FROM: KERALA)
A V Viswanathiyer
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(1.)This appeal by special leave arises from the order dated 11/04/1980 of the Kerala High court dismissing the appellants revision petition denying them the fixity of tenure over the land under the Kerala Land Reforms Act, 1963 (the Act).
(2.)The background of the case can be shortly stated:
An extent of 22 cents of land with a building in Survey No. 7/81 of Angadippuram Village, is in possession of the appellants. It was original pleased to Sankunni Kurup by Gopalan Nair. Gopalan Nairs right in the property was purchased by one Venkiteswara lyyer. Visalakshi Amma was the second wife of Venkiteswara lyyer. He executed a will giving life interest in the property to Visalakshi Amma. In respect of the property Sankunni Kurup executed a lease deed in favour of Visalakshi Amma. The lease deed has been marked as Ex. A-l in the present proceedings.
(3.)Sankunni Kurup claiming to be a tenant filed an application under the Act for assignment of the right, title and interest of the landlord in respect of the land. This was resisted by the respondents on the ground among others that what was entrusted to Sankunni Kurup was only the building and not the land. The land tribunal however, accepted the claim of Sankunni Kurup, but the appellate authority has rejected it. The appellate authority after considering the terms of Ex. A-1 and other relevant circumstances has held that the claim for fixity of tenure was nottenable. The High court has concurred with that view. It has held that Ex. A-l is indicative of entrustment of the building with the property around it.
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