IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 28416 of 2005(G) -------------------------- AGAINST THE ORDER DATED / / IN EP.317,44/ 2005 IN OS.33/1984 of PRL.MUNSIFF COURT,NEDUMANGAD .................... PETITIONER(S): 5TH JUDGMENT DEBTOR ------------------------- MANOJ GILBERT, S/O.GILBERT, AGED 28 YEARS, RESIDING AT P.J.BUILDINGS, PARAPPURA, VITHURA, THALIKODE VILLAGE, NEDUMANGAD TALUK. BY ADVS. MR.V.SURESH MR.G.SUDHEER RESPONDENT(S): 1ST DECREE HOLDER, JUDGMENT DEBTORS 1,3,4 & 6 -------------------------- 1. BHAVANI AMMA OMANA AMMA, MANI MANDIRAM, NAVAIKULAM, DO. VILLAGE, DO. DESOM. 2. GILBERT, P.J.BUILDINGS, PARAPPURA, VITHURA, THALOKODE VILLAGE. 3. BEENA GILBERT, DO.DO. 4. SHEENA GILBERT, DO.DO. 5. P.J.ROBERT, MANJUSHA, SREEKARYAM, THIRUVANANTHAPURAM.(DELETED) R5 IS DELETED FROM THE ARRAY OF PARTIES AS PER ORDER DT. 16.01.2006 IN WPC. BY ADV. MR.P.PARAMESWARAN NAIR FOR R1 MR.R.SUDHEESH KUMAR FOR R1 MR.SUNIL KUMAR A.G FOR R1 SMT.B.S.SEEMA FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO. 28416/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE JUDGMENT IN OS. NO.33/1984 ON THE FILE OF THE MUNSIFF COURT OF NEDUMANGAD DT. 31.1.86. P2:- COPY OF THE JUDGMENT IN AS. NO.406/86 ON THE FILE OF THE DISTRICT COURT OF THIRUVANANTHAPURAM DT. 30.10.91. P3:- COPY OF THE EXECUTION PETITION IN OS. N.33 OF 1984 MENTIONED ABOVE DT. 8.4.05. P4:- COPY OF THE EA. NO.317/05 IN DO. DO. DT. 22.8.05. P5:- COPY OF THE ORDER DT. 5.9.05 IN DO. DO. TRUE COPY P.S. TO JUDGE TSS HARUN-UL-RASHID,J. --------------------------- W.P.(C).NO28416 OF 2005 ---------------------------- DATED THIS THE 18TH DAY OF MARCH, 2009 JUDGMENT The suit filed by the lst respondent for declaration of title and possession, putting up boundary and for recovery of possession was decreed. The decree passed by the trial court was confirmed by the 2nd Appellate Court. The decree holder filed E.P.No.44/2005 for delivery of the property. The petitioner, who is the 5th judgment debtor, and other judgment debtors filed E.A.No.317/2005 seeking permission of the court to remove the improvements made by them. Ext.P5 is the order passed by the court below finding that the judgment debtors are not entitled to the relief as prayed for. Petitioner seeks to quash Ext.P5 order. The status of the judgment debtors, so far as the disputed property is concerned, seems to be only that of a trespasser, who cannot claim any damages or compensation for any improvements alleged to have been made in the property. By any stretch of imagination -2- W.P.(C).No.28416/2005 he cannot be considered as a tenant under the Kerala Compensation for Tenants Improvements Act , 1959. Moreover, there is no contention in the suit that the judgment debtors enjoyed the status of a tenant as defined under Section 2(d) of the said Act. They had no case that they came into possession of the land belonging to another and made improvements therein under the bona fide belief that they are entitled to make such improvements. Before the trial court the contention is that they had perfected title over the disputed property by way of adverse possession and limitation. The finding of the court below is that he is a trespasser. In the facts and circumstances, E.A.No.317/2005 is dismissed rightly by the trial court. The petitioner is not entitled to any relief as sought for in the E.A. I find no reason to interfere with the order impugned in this writ petition. Accordingly, the writ petition is dismissed. HARUN-UL-RASHID, Judge. kcv.