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    <title>1978 (8) TMI 226 - KERALA HIGH COURT</title>
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    <description>Execution proceedings commenced after the Kerala Land Reforms Act amendments were to be governed by the amended regime, so the proviso to Section 125(1) did not apply. The Court held that tenancy had still to be referred to the Land Tribunal under Section 125(3) because the earlier remand order did not finally decide the issue under the amended provisions and the plea of res judicata failed, as the tenancy right asserted arose only after the statutory changes and was not the same question earlier decided. The Court also declined to treat waiver as established in light of the new statutory framework.</description>
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    <pubDate>Thu, 03 Aug 1978 00:00:00 +0530</pubDate>
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      <title>1978 (8) TMI 226 - KERALA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=173222</link>
      <description>Execution proceedings commenced after the Kerala Land Reforms Act amendments were to be governed by the amended regime, so the proviso to Section 125(1) did not apply. The Court held that tenancy had still to be referred to the Land Tribunal under Section 125(3) because the earlier remand order did not finally decide the issue under the amended provisions and the plea of res judicata failed, as the tenancy right asserted arose only after the statutory changes and was not the same question earlier decided. The Court also declined to treat waiver as established in light of the new statutory framework.</description>
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      <pubDate>Thu, 03 Aug 1978 00:00:00 +0530</pubDate>
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