In a petition under Section 103 of the Kerala Land Reforms Act, the High Court held that the Appellate Authority failed to address key issues regarding the commencement of tenancy and possession as of 01.04.1964.
The order of the Appellate Authority is set aside and the matter is remanded back to the Land Tribunal for fresh disposal within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 17TH DAY OF FEBRUARY 2017/28TH MAGHA, 1938
CRP.No. 184 of 2006
AGAINST THE ORDER IN OA 2027/1976 of LAND TRIBUNAL, KASARGOD DATED 31-07-1989
AGAINST THE JUDGMENT IN AA 24/1992 of APPELLATE AUTHORITY, KANNUR DATED 31-12-2001
PETITIONERS IN C.R.P./APPELLANTS IN A.A. - RESPONDENTS 2 TO 4 IN O.A. : -
(ADDITIONAL PETITIONES 4 TO 7 ARE IMPLEADED AS THE LEGAL HEIRS OF DECEASED 1st PETITIONER AS PER ORDER DATED 20.08.2014 IN I.A. No.1903/14 IN CRP 184/06).
BY ADVS.SRI.S.V.BALAKRISHNA IYER (SR.) SRI.K.JAYAKUMAR SRI.P.B.KRISHNAN SRI.P.M.NEELAKANDAN SRI.P.B.SUBRAMANYAN SRI.SABU GEORGE
CRP.No. 184 of 2006
RESPONDENTS IN C.R.P. - RESPONDET & NO PARTY IN A.A. PETITIONER & NO PARTY IN O.A. : -
R1 BY ADV. SRI.A.DINESH RAO
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 17-02-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
DMR/-
P. SOMARAJAN, J.
C.R.P. No. 184 of 2006
Dated this the 17th day of February, 2017
ORDER
This revision is filed by the petitioners (respondents 2 to 4 in O.A.No.2027 of 1976 of Land Tribunal No.II, Kasargod) against the order in A.A.No.24 of 1992 of the Appellate Authority (Land Reforms), Kannur, dated 31.12.2001. The application was filed under Section 72(B)(3) of the Act 1 of 1964 as amended by Act 35 of 1969 for assignment of the right, title and interest over the property vested with the Government being a cultivating tenant over the property. The application was contested by the respondents disputing and denying the status of the petitioners as cultivating tenants. The Land Tribunal by its order dated 31.07.1989 upheld the right of petitioners under Section 72 of the Act by allowing the application by its order dated 31.07.1989 against which A.A.No.24 of 1992 was filed before the Appellate Authority. The Appellate Authority on reconsideration of the evidence involved and after hearing both the parties confirmed the order of the Land Tribunal by dismissing the application by its order dated 31.12.2001, against which this revision petition is filed
C.R.P. No. 184 of 2006
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under Section 103 of the Kerala Land Reforms Act.
the appellate court has gone into the question of commencement of tenancy and structures, if any, constructed in the property in connection with the tenancy and the exact date of commencement of the tenancy in reference to the commencement of Act as on 01.04.1964. The document produced before the Land Tribunal by the petitioners marked as Exhibits A1 to A11 were brought to the notice of this court in order to show that no document was pertaining to the year 1964 or prior to 01.04.1964 either produced or let in evidence. The document exhibited as Exhibits A1 to A11 were pertaining to the period commencing from 1966 to 1985. It is also submitted by the learned counsel for the petitioners that there was failure on the part of the appellate authority to go into the question of possession of property under the tenancy as on 01.04.1964. No discussions were made in the impugned order. The appellate order did not reflect the proper application of law in force and hence liable to be set aside by exercising the revisional power under Section 103 of the Kerala Land Reforms Act and I do so. The order of appellate authority is
C.R.P. No. 184 of 2006
3
set aside. The matter is remanded back to the Land Tribunal for fresh disposal in accordance with law. The Land Tribunal shall permit both the parties to adduce additional evidence, if so required on their application, if any, filed within a period of one month from the date of receipt of a copy of this order and the Land Tribunal shall dispose of the matter positively within a period of six months from the date of receipt of a copy of this order.
Revision petition is disposed of accordingly. No order as
to costs.
P. SOMARAJAN, JUDGE
DMR/-
3 issues framed by the court
Whether the Appellate Authority properly considered the commencement of tenancy and construction of structures in relation to the tenancy.
Whether the Appellate Authority examined the question of possession of property on 01.04.1964.
Whether the impugned order reflected proper application of law and required setting aside under Section 103.
2 provisions across 1 enactments
V. Narayana Bhatta (deceased) and others
Rama Naika
The State of Kerala
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
