AMMINI Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The proceedings in this case were taken up suo motu u/s. 72-C of the Kerala Land Reforms Act, 1963 (Act 1 of 1964) (for short "the Act") by the Land Tribunal. By the common order dated 30.04.1983, the Land Tribunal allowed the claim of the contesting respondents, except as regards thirty-eight cents in Survey No. 153/2. Two appeals were filed by the appellants herein (landlords) before the Appellate Authority, Trichur. The Appellate Authority dismissed both the appeals by its order dated 24.06.1983. The appellants took up the matter before the High Court in Civil Revision Petition No. 3145 of 1983. The High Court allowed the revision petition, set aside the order passed by the Appellate Authority and remitted the case to the Appellate Authority for reconsideration of the appeals. After such reconsideration, the Appellate Authority rejected the claim of the contesting respondents to the extent of 1.01 acres of land in Survey No. 153/3. This time, the contesting respondents preferred revision petition before the High Court. The High Court, by the impugned judgment, allowed the revision petition, set aside the order passed by the Appellate Authority and restored the order made by the Land Tribunal; in other words, the assignment of 1.01 acres of land in Survey No. 153/3 was affirmed in favour of the contesting respondents. Hence, these appeals by the landlords.

(3.) This Court, on 1.05.1998, granted leave to consider the only question, whether the High Court had jurisdiction u/s. 103 of the Act to interfere with a pure finding of fact.