KALLIANIKUTTY AMMA Vs. GOVINDAN NAIR

JUDGEMENT

(1.) This revision is directed against the finding recorded by a Land Tribunal on a reference made by the Civil Court under S.125(3) of Kerala Act I of 1964. Reference having been made the Land Tribunal duly recorded finding and sent the papers to the Civil Court as required under Clause (4) of S.125. Suit is still pending and has not been finally disposed of. It is at that stage that the revision is filed under S.115 of Code of Civil Procedure against the finding.

(2.) Learned counsel for the 46th respondent, Sri. T. P. Kelu Nambiar has raised a preliminary objection regarding maintainability of the revision. According to learned counsel, a revision does not lie under S.115 CPC against a mere finding of the Land Tribunal which is yet to become part of the finding of the Civil Court. Learned counsel for the revision petitioner, on the other hand, would contend that in view of Clause (6) of S.125 whereby a finding of the Tribunal shall be deemed to be part of the finding of the Civil Court, the impugned finding in this case has to be treated as the finding of the Civil Court and in such an eventuality the revisional jurisdiction of this Court could be invoked under S.115 CPC. Learned counsel also placed reliance on a decision of this Court repotted in Sreedharan v. Krishnan ( 1981 KLT 554 : 1981 KLN 210 ).

(3.) Khalid J. in the above decision has held that where a finding of a Tribunal has been accepted by the executing court and the executing court has passed an order disposing of the execution petition a revision would lie under S.115 CPC. I do not think that the proposition laid down in the above decision would be of any assistance to the revision petitioner in so far as the maintainability of this revision is concerned.