SAVITHRI, D/O KRISHNA BHAT Vs. NARAYANA MANIYANI

JUDGEMENT

(1.) THE legal heirs of the landlord is in revision and the respondents are the legal heirs of the tenant. Kunhikrishna Maniyani and Narayana Maniyani were before the Land Tribunal No.III, Kasaragod, claiming assignment of rights as cultivating tenants of 60 cents of land in R.S.No.1438/1, 33 cents in R.S.1438/2 and 4.70 acres in R.S.No.1510/1B2 of Perdala Village. Vishnu Bhat, Lalitha and Savithri - children of one Krishna Bhat, were arrayed as the landlords. The Land Tribunal confined the assignment to 30 cents in R.S.No.1510/1B2 and granted the assignment with respect to the two other properties. The revision petitioners are before this Court against the order of the appellate authority dated 12-08-1997 which reversed the findings of the Land Tribunal and directed the grant of assignment of the entire 4 acres 70 cents. The primary contention raised before this Court is that there was a suit O.S.No.166/1970, filed by the Land Tribunal for injunction from trespass against the tenants and in that a reference was made to the Land Tribunal which was answered against the tenants by O.S.No.268/1977; which operates as res judicata in the instant proceedings.

(2.) TO understand the contention properly, back ground facts are necessary and they are to the following effect. The original landlord had by O.S.No.3/1960 before the Munsiff's Court, Kasaragod filed a suit for injunction from trespass against the original tenant. While the suit was pending, the landlord and the tenant together filed an application for fixation of fair rent by O.S.No.1641/1965 as per the provisions of Section 31 of the Kerala Land Reforms Act, 1964 (Act 1of 1964), (hereinafter referred to as ' the K.L.R Act'). An order was passed on 26-11-1965 fixing fair rent for 60 cents, 33 cents and only 30 cents out of the 4 acres 70 cents comprised in R.S.No.1510/1B2.

(3.) SINCE in O.S.No.166/1970, the tenant raised a claim under the K.L.R Act, the matter was referred to the Land Tribunal, which reference was numbered as O.A.No.268/1977. In the meanwhile, after the Amendment Act, the tenants had initiated proceedings before the Land Tribunal under Section 72 B of the Act by O.A.No.658/1972. O.A.No.658/1972 resulted in the order dated 20-11-1975, produced in the above revision, which as noticed above confined the claim to 30 cents out of the 4 acres 70 cents. Hence on reference, the Land Tribunal in O.S.No.268/1977, relied on the said order and rejected the claim of the tenant, by order dated 30-8-1978.