AIR 1973 KERALA 76 ::1971 Ker LT 155 ::1971 Ker LJ 326 ::ILR (1971) 1 Ker 260

Kerala High Court

Hon'ble Judge(s): P. T. Raman Nair , C.J. AND K. K. Mathew, V. P. Gopalan Nambiar , JJ

(A) Kerala Land Reforms Act (1 of 1964) , S.13— Where the continuance of possession of land by a person is referable to his lawful entry as tenant he is entitled to fixity of tenure notwithstanding that he became a trespasser subsequently. Brief Note :- (A) Even though a tenancy has been determined by efflux of time or by notice to quit and a decree obtained @page-Ker77 by the landlord for recovery of possession of the property, the quondam tenant remaining in possession will get fixity of tenure by virtue of Section 13 of the Act.(Para 3) Thus, even if a landlord obtained decree for recovery of possession on basis of determination of lease but allowed its execution to become barred by limitation and subsequently obtained decree for recovery of possession on ground that the tenant had become trespasser, the tenant continuing possession is entitled to fixity of tenure. The fact that the tenant took stand that he became owner by adverse possession would make no difference. The scheme of Section 13 is to confer fixity of tenure on such 'trespassers' for the reason that they came into possession of the property as tenants and not by trespass, their continuance in possession notwithstanding the determination of the tenancy though technically a trespass being clearly referable to their lawful entry as te....