SIMHANADA BHAGAVATHY DEVASWOM Vs. PADMANABHAN

JUDGEMENT

(1.) EXHIBIT P3, order dated 03.12.2012 on I.A. No.2554 of 2012 in O.S. No.94 of 2012 of the Principal Munsiff's Court, Palakkad referring the claim of kudikidappu raised by the respondents to the Land Tribunal (for short, "the Tribunal) for a finding under Section 125(3) of the Kerala Land Reforms Act (for short, "the KLR Act") is under challenge.

(2.) THE petitioner originally filed R.C.P. No.92 of 1979 for eviction of the respondents under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (for short, "the Act 2 of 1965"). The claim of kudikidappu raised by the respondents was referred to the Tribunal under Sec.125(3) of the KLR Act. The Tribunal entered a finding that the respondents are not kudikidapukars. As the Government had by then exempted buildings of the petitioner from the operation of Act 2 of 1965, the rent control petition was dismissed not pressed. Thereafter, the petitioner filed O.S. No.94 of 2012 for eviction of the respondents. The respondents again raised a claim of kudikidappu in their written statement. They filed Ext.P1, application - I.A. No.2554 of 2012 to refer the question to the Tribunal for a finding. The petitioner preferred Ext.P2, objection. The learned Munsiff allowed Ext.P1, application by Ext.P3, order for the reason that there was an earlier reference of the question and that it is appropriate that the question is referred to the Tribunal for a finding.

(3.) NO doubt, reference of the question arises only if it genuinely and reasonable arises for a decision. Whether the question generally and reasonably arises for a decision shall depend on the facts and circumstances of each case. Though the finding entered by the Tribunal on the reference in R.C.P. No.92 of 1979 was against the respondents, that finding has no independent stand as held in the decisions in Mathevan Padmanabhan v. Parameswaran Thambi ([1995] Suppl. 1 SCC 479), Reghuram Rao v. Pathimabi (1997 [2] KLJ 234) and Padmanabhan v. Tharekkad Simhanatha Bhagavathy Devaswom (2012 [1] KLT 1), the latter being between the parties to this proceeding. The finding goes with the ultimate decision of the civil/rent control court. In this case, R.C.P. No.92 of 1979 was dismissed as not pressed. Therefore the finding entered by the Tribunal in the reference in that case does not exist.