SANKARANARAYANAN POTTI (DEAD) BY L.RS. versus K.SREEDEVI AND ORS.

SANKARANARAYANAN POTTI (DEAD) BY L.RS. versus K.SREEDEVI AND ORS.

In a pending suit for redemption, the Civil Court alone is competent to decide whether the defendant is a cultivating tenant entitled to protection under the Kerala Land Reforms (Amendment) Act, 1969. Any certificate of purchase and findings by the Land Tribunal, not based on a reference or decision by the Civil Court, are nullities and not binding. Therefore, the suit must be remanded to the Trial Court to freshly determine the defendant's claim under the Amending Act, and all previous orders to the contrary are set aside.

Parties
Appellant: Sankaranarayanan Potti (Dead) by L.Rs.; Respondents: K. Sreedevi and Ors.
Jurisdiction
India
Judgment Date
26 March 1998
Procedural Posture
Civil Appeal / Appeal Against High Court Order in C.r.p. No. 1271 of 1995
Outcome
Appeal allowed
Legal Topics
Kerala Land Reforms Act, Res Judicata, Jurisdiction of Civil Court and Land Tribunal, Tenancy Rights, Limitation in Civil Suits
Land Reforms Civil Procedure Kerala Land Reforms Act Res Judicata Jurisdiction of Civil Court and Land Tribunal Tenancy Rights Limitation in Civil Suits

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Parties

Sankaranarayanan Potti (Dead) by L.Rs.

Appellant

K. Sreedevi and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against High Court Order in C.r.p. No. 1271 of 1995

Legal Issues

  1. 1 Whether the Civil Court or the Land Tribunal has jurisdiction to decide the status of the mortgagee as a cultivating tenant under the Kerala Land Reforms (Amendment) Act, 1969 in a pending mortgage suit
  2. 2 Whether an order passed by the Land Tribunal declaring the mortgagee as tenant and issuing a purchase certificate is valid and binding on the Civil Court
  3. 3 Whether the final decree proceedings are barred by limitation or due to non-payment of redemption money in time

Ratio Decidendi

In a pending suit for redemption, the Civil Court alone is competent to decide whether the defendant is a cultivating tenant entitled to protection under the Kerala Land Reforms (Amendment) Act, 1969. Any certificate of purchase and findings by the Land Tribunal, not based on a reference or decision by the Civil Court, are nullities and not binding. Therefore, the suit must be remanded to the Trial Court to freshly determine the defendant's claim under the Amending Act, and all previous orders to the contrary are set aside.

Court Disposition

Appeal allowed

Orders

  • Order of the Trial Court and High Court set aside.
  • I.A. No.1307/94 restored to file with a direction to decide the application afresh on Defendant No. 2's claim under the Kerala Land Reforms (Amendment) Act, 1969.