KALLIANI Vs. APPELLATE AUTHORITY

JUDGEMENT

(1.) The petitioners are the legal heirs of one deceased Kannan. They had filed O. S. No. 41 of 1965 on the file of the Munsiff's Court, Badagara, for a charge decree on three items of properties claiming maintenance for themselves from the said Kannan, now deceased. That suit was disposed of by the judgment dated 28-6-1967 granting relief to the petitioners. The 3rd respondent herein was the 6th defendant in that suit She was made party to the suit as there appears to have been a contention that she was having a leasehold interest in respect of item 3 in the plaint schedule in that suit.

(2.) The 3rd respondent filed O. A. No. 84 of 1976 on the file of the 2nd respondent, Land Tribunal, Badagara, under S.72B of the Kerala Land Reforms Act, Act 1 of 1964 as amended by Act 35 of 1969 ('the Act') for purchasing the rights, title and interest of the petitioners. The 2nd respondent, Land Tribunal, dismissed the application holding that the application filed by the 3rd respondent was barred by res judicata by reason of the decision in the suit O S. No. 41 of 1965. Ext. P1 is the copy of the order in O. A. No. 84 of 1976 dated 27-1-1977. Aggrieved by Ext. P1 order the 3rd respondent took up the matter in appeal, A. A. No. 778 of 1977, which was disposed of by the 1st respondent, the Appellate Authority (LR) Kozhikode, by judgment dated 28-1-1980 a true copy of which is Ext. P2. The Appellate Authority took the view that the Land Tribunal was in error in holding that the application was barred by the principles of res judicata by reason of the decision in O. A. No 84 of 1976 and remanded the matter to the Land Tribunal setting aside Ext. P1 order.

(3.) It is aggrieved by Ext. P2 judgment that the petitioners have come up to this Court with this writ petition under Art.226 of the Constitution of India.