VAREED JACOB Vs. JAYAKUMAR

JUDGEMENT

(1.) In both the revision and the writ petition, which emanate from two different proceedings, subject-matter involved and also the questions emerging for consideration are the same. The revision is filed by some of the Respondents in A.A. No. 90/05 on the file of the Appellate Authority (Land Reforms) Alappuzha, challenging the judgment dated 1-9-2006 of that authority setting aside the order of the Land Tribunal, Palluruthy assigning the right, title and interest over a property in favour of the 1st Respondent in the appeal. The writ petition is filed by the Plaintiffs in O.S. No. 1581/05 on the file of the Munsiff Court, Ernakulam, who are legal representatives of the above said 1st Respondent in the appeal before the Appellate Authority, challenging Ext. P-10 order passed by the learned Munsiff referring the question of tenancy raised by some of the Defendants (Defendants 13 to 19) in the suit to the Land Tribunal for determination.

(2.) Subject-matter covered by the appeal before the Appellate Authority and also the suit, O.S. No. 1581/05 before the Munsiff s Court, Ernakulam are one and the same viz., 1.22 acres of land in Survey No. 87/5B of Edappally North Village.

(3.) Short facts necessary for disposal of both the above cases can be summed up thus: