- (1.) LEAVE granted.
(2.) PLAINTIFF in a suit for declaration of title and possession is before us, aggrieved by and dissatisfied with the judgment and decree dated 25th january, 2007 passed by a learned Single Judge of the Kerala High Court in second Appeal No. 643 of 1994, whereby and whereunder the judgment and order of the first appellate court dated 13th January, 1994 as also that of the trial court dated 27th February, 1993 respectively, decreeing the suit of the appellant, were set aside. In this appeal we are concerned only with Item No. 2 of the properties described in Schedule 'b' of the plaint, which reads as under :- JUDGEMENT_180_TLPRE0_2008Html1.htm Husband of the appellant was an agriculturist. He was in cultivating possession of five items of properties as a tenant under one Jenmi Palkodan kunhmina Ayissa. Appellant contended that her husband had been in possession of the suit land from the date of settlement which took place in the year 1943; and in support thereof, Revenue Tax Receipts since 1955 were filed.
(3.) THE Legislature of the State of Kerala enacted Kerala Land Reforms act, 1963 (the Act for short) with a view to enact a comprehensive legislation relating to land reforms in the State. Section 13 of the Act provides for rights of tenants for fixity of tenure in respect of the land holding. Section 27 of the Act provides for determination of a fair rent which a tenant is liable to pay to the landlord. Section 53 confers upon a cultivating tenant who is entitled to fixity of tenure, a right to purchase the right, title, interest and ownership of the land by moving an application before the Land Tribunal constituted under the Act upon payment of purchase price as may be determined in the manner laid down under Section 55 thereof. Section 72 of the Act, which was inserted in the year 1969, provides for vesting of the landlords' rights in the State as regards holdings held by cultivating tenants entitled to fixity of tenure and in respect of which certificate of purchase has not been issued under sub-section (2) of Section 59.;