THONIPARAMBATH BALAN Vs. MEETHALEKATTIL DEVI

JUDGEMENT

(1.) O.P No.8 of 1983 on the file of the Court of the Munsiff of Thalassery is one filed under section 11 of the Kerala Agriculturists Debt Relief Act, 1970. The petition has been filed for redemption of an alleged mortgage of 1.24 acres of land comprised in Survey No.122/2 of Panniannur Village. The question that arises for consideration therein is as to whether document No.223/1956, S.R.O, Panoor is a mortgage deed or a lease deed.

(2.) THE said original petition was dismissed and the judgment was affirmed in A.S No.23/1992 on the file of the Court of the Additional Subordinate Judge of Thalassery. But then the concurrent decisions were set aside in C.R.P Nos.628 and 1349 of 1993 on the file of this Court. The operative part of the common order passed therein inter alia reads as under.

(3.) THE court below shall attempt to decipher as to whether the document No.223/1956 is a mortgage deed or a lease deed. The question of tenancy need be referred to the Land Tribunal only if the Court finds that the said document is capable of creating a lease. Reference can also be done only if the legal heirs of the beneficiaries under document No.223/1956 want a reference. The matter is remitted to the Court of the Munsiff of Thalassery for the purpose of rendering a finding on the question of reference. 5. Ext.P3 order is set aside. I.A No.1387/2010 in O.P No.8/1983 on the file of the Court of the Munsiff of Thalassery is remanded for fresh consideration within a period of two months The writ petition is disposed of as above.