Kothamma vs Kunjihetti

T.C. Raghavan, C.J.—These revision petitions have been placed before a Division Bench by a Single Judge to consider whether the decision of another Division Bench of this Court in CRP. Nos. 28 and 29 of 1967 requires reconsideration. The Appellate Authority confirmed the decisions of the Land Tribunal on certain matters, and regarding certain other matters, the proceedings were remanded to the Land Tribunal for fresh consideration. The revision petitions are directed against those orders of remand. In similar cases, as already pointed out, a Division Bench of this Court held that the language of S. 103 (1) of the Kerala Land Reforms Act of 1963 (the language of S. 103(1)(i) of the Act of 1964) was similar to other sections which came for consideration before the Judicial Committee of the Privy Council, the Federal Court and the Supreme Court of India, which held that an order of remand was not a final order for the purpose of appeal. The Division Bench held further that, since the language of S. 103 (1) of the Land Reforms Act of 1963 was similar, no revision could lie under the section to the High Court. We feel that the decision of the earlier Division Bench is justified by the rulings of the Judicial Committee, the Federal Court, the Supreme Court, etc.; and that the expression "final order" in such a case does not cover an order of remand.

The civil revision petitions are dismissed, however without costs.