LAWS(KER)-1989-12-18

VEERANKUTTY Vs. SANKARAN

Decided On December 13, 1989
VEERANKUTTY Appellant
V/S
SANKARAN Respondents

JUDGEMENT

(1.) This second appeal arises from the decision of the Sub-Court, Tirur in A.S.No.34/1978 which was filed against the judgment and decree in O.S. 12/1976 before the munsiff's Court, Parappanangadi. The suit was one for recovery of possession on the strength of title. The property was purchased by the plaintiff from one Narayanan Nair in 1964. Narayanan Nair had verumpattom rights. The property was mortgaged to one Moideenkutty, brother of defendants, on 29-1-1967 by which possession was also given. There is no document to evidence the mortgage. Moideenkutty was in possession till his death and thereafter defendants are in possession. The mortgage is alleged to have been granted for a consideration of Rs.225/- and on condition to pay 30 paras of paddy, out of which 71/2 paras are to be adjusted towards interest and the balance of 221/2 paras to be delivered to plaintiff during Makaram every year. Rent is alleged to have been paid till January 1967 and thereafter is in arrears. Defendants did not surrender possession as per demands made by plaintiff and that necessitated the suit.

(2.) Defendants denied the mortgage as well as the possession of Moideenkutty. They contended that the property was taken on lease by 1st defendant from plaintiff on 25-6-1964 on payment of a munpattom amount of Rs.200/-and agreeing to deliver 20 paras of paddy every year. They claimed fixity of tenure.

(3.) The dispute was referred to the Land Tribunal who held that 1st defendant is not entitled to fixity of tenure. The Trial Court accepted that finding and the suit was decreed. The appellate court concurred with that decision. Aggrieved by that defendants have come up in second appeal.