JEMMA KURIAN Vs. PHILOMINA VARGHESE

JUDGEMENT

(1.) RESPONDENTS other than the 3rd respondent are served. Learned Government Pleader appears for the 5th respondent. In view of the decision I propose to take in this Original Petition, it is not necessary to await service of notice to the 3rd respondent.

(2.) IN a suit (O.S. No.130 of 1981) filed by the petitioner in the Sub Court, Ernakulam for partition of 75 cents in the year 1981, the 14th defendant set up a claim of tenancy and as the learned counsel for petitioner submits, the 14th defendant also claimed to have purchased landlord's right based on J Form but that purchase certificate was never produced before the learned Sub Judge. The 14th defendant died pending the suit and his legal representatives were impleaded as additional defendants 25 to 28 (respondents 1 to 4 herein). The suit was originally decreed which was reversed in A.S. No.70 of 1984 and there was a remand to refer the question of tenancy to the Land Tribunal. That order of remand was confirmed by Ext.P1, judgment in C.M.A. No.120 of 1987. The Sub Court referred the claim of tenancy to the Land Tribunal, Ernakulam at Thrippunithura (for short, "the Tribunal") for a finding. The Tribunal has taken the reference on file as R.C. No.7 of 1997.

(3.) THOUGH learned counsel contended that it is not necessary to get report of the Commissioner as prayed for and allowed by Ext.P6, order, having regard to the facts and circumstances stated I do not find reason to interfere with Ext.P6, order.