Rukmini, Madhava Shenoy and Srinivasa Shenoy vs B. Susheela Pai and Others

K. Vinod Chandran, J.—When the matter came up for admission, Smt. Sumati Dandapani, learned Senior counsel appearing for the revision petitioners, submitted that the Appellate Authority has remanded the matter by a cryptic order with absolutely no consideration of the evidence produced before the Land Tribunal and analysed by it. The respondents herein claimed tenancy of the property and the revision petitioner''s, ''B'' party in the suo-motu proceedings, appeared and contested the matter. On a reading of the order of the Land Tribunal, it is seen that, a number of documents were produced in evidence by both sides and the Land Tribunal after considering the same, rejected the application. The ''A'' party/tenants were before the Appellate Authority (L.R) Kannur. The Appellate Authority listed out the main points raised by the appellants as also the respondents and noticed that, the appellant claims the benefit of possession from 1946 and the respondents claimed that, the finding of the Civil Courts inter parties would disentitle the appellants from the claim raised before the Land Tribunal. By a cryptic order, the matter was remanded for de novo consideration without any appreciation of evidence. Though, the learned Senior Counsel would urge this Court to hear the matter, so as to look at whether the Tribunal has correctly appreciated the facts, I am of the opinion that, such an exercise would be over stepping the jurisdiction of this Court conferred u/s 103 of the Kerala Land Reforms Act, 1963. In the circumstances, the matter is remanded back to the Appellate Authority (LR) Kannur, for fresh consideration of the matter. The order in A.A.No. 130/2002 dated 28th July, 2005, impugned in the above revision is set aside.

The Appellate Authority shall restore the appeal to its files and dispose it of in accordance with law. The parties shall appear before the Appellate Authority on 03/01/2013. If there is no appearance, the Appellate Authority shall issue notice and the matter shall be disposed of within four months from the appearance of all the parties before the Appellate Authority.