KAMALAVATHI Vs. K P RAMAKRISHNA RAO

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the Kerala High court dated 10/08/1976 passed in A. S. No. 222 of 1975.

(2.) Shorn of all details the matter stands projected before us like this:

(3.) We do not propose to go into all these matters for we are convinced that the High court sending the matter to the trial court for further reference to the tribunal was a futile exercise especially when the finding of the tribunal, whichever way given, would not be final. The legislature envisaging that the finding of the tribunal could be wrong, did not give it a finality and since adapting (sic) the trial court in a civil suit is required to follow it, any error therein be correctable by the appellate court. Thus having regard to the conduct of the parties, in the instant case, when they had led their evidence and had their full say in the matter, there was no occasion to give another opportunity to them to fight it de novo before the tribunal or to solicit its view on the already recorded evidence of the parties. The High court could do that exercise itself by weighing the evidence and go on to reverse, confirm or vary such finding and proceed with the other questions in the appeal on that basis.