KUNHI PATHU Vs. AYSHU

JUDGEMENT

(1.) The petitioner in this revision petition under S.103 of the Land Reforms Act (Act 1 of 1964 as amended by Act 35 of 1969) is the petitioner in OA No. 138 of 1966 on the file of the Land Tribunal (Munsiff) of Kozhikode. The respondent is the respondent in the said proceedings before the Land Tribunal.

(2.) In order to appreciate the scope of the contentions raised in this revision petition, it is necessary to narrate briefly the facts of the case which are as follows: The petitioner filed OA No. 138/66 under S.15 of Act 1 of 1964 for resuming the land held by the respondent as tenant under her. The respondent contested the matter, but without success. On 17-12-1966 the order for resumption was passed. An appeal, A.A/Kozhikode/15/70 on the file of the Appellate Authority (Land Reforms), Kozhikode (which was originally filed as CMA 9/67 in the Sub Court, Badagara) filed by the respondent, was dismissed on 21-11-1970. It is also represented that revision filed by the respondent against the judgment of the appellate authority was dismissed by this Court at the stage of admission.

(3.) However, it has not been possible for the petitioner to realise the benefits of the order that was passed by the Land Tribunal in her favour. The Land Tribunal had in terms of S.22(2) of Act I of 1964 directed the petitioner to deposit a sum of Rs. 266/-for payment to the respondent as a condition precedent to the resumption. The order directed that the said amount should be deposited within the time prescribed in R.10 of the Kerala Land Reforms (Tenancy) Rules, 1964. R.10 reads as follows: