LAKSHMI Vs. RAMA IYER

JUDGEMENT

(1.) The first respondent landlord filed application No.1128 of 1972 before the Munsiff Land Tribunal, Palghat for recovery of the rent for the years 1144 to 1147 against the petitioners. Petitioners contended that since the right, title and interest of the land owner has vested with the Government under S.72 of the Kerala Land Reforms Act, 1963 (Act 1/1964) (for short 'the Act') on the notified date viz; 1-1-1970 the petitioners are entitled to recover arrears of rent accrued before l-1-1970 only. The said contention was not accepted by the Land Tribunal, and the petition by the respondents was allowed. Against the said order, the revision petitioners filed AA. 2986 of 1977 before the appellate authority. The appellate authority dismissed the appeal. This Civil Revision Petition is directed against the judgment of the appellate authority.

(2.) The Land Lord has also filed application No. 909 of 1974 for recovery of arrears of rent for the period from 1141 to 1143 and 1148 -1149. In that application the landlord was allowed to recover arrears for the period 1966 to 1968. Application Nos. 1128 of 1972 and 909 of 1974 were disposed of by a common order by the Munsiff Land Tribunal, Palghat. An appeal was directed against the said order. This C.R.P. is against the claim in application No. 1128 of 1972 for recovery of arrears of rent for the period 1144 -- 1147 corresponding to the period 1969 --1972.

(3.) Learned counsel for the petitioners contended that, since as per S.72(1) of the Act the right, title and interest of the respondents vested in the Government on the appointed day viz; on 1-1-1970, the respondents are not entitled to recover any arrears for the period after the said date. Learned counsel for the respondents on the other hand contended, since the application for resumption by the respondents was pending, as per the proviso to S.72(1), there could be no vesting as on 1-1-1970 and since the said application was dismissed only on 30-3-1972, the vesting of the title, and interest of the respondents could take place only on the said date. The learned counsel sought support from S.72Q of the Act Accordingly to the learned counsel the respondents are entitled to recover arrears of rent accrued till 30-3-1972.