LONAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners challenge Ext. P2 order of the 2nd respondent, the Appellate Authority (Land Reforms), Ernakulam, confirming the finding of the 3rd respondent, the Land Tribunal in Ext. P1 to the effect that the 4th respondent is a cultivating tenant. THE 2nd respondent, however, remanded the questions regarding fair rent and purchase price for fresh consideration by the Tribunal.

(2.) BY Ext. P1 the Tribunal had found in O. A. No. 144 of 1975 that the 4th respondent was a cultivating tenant. That was a finding which was rendered by the Tribunal subsequent to Ext. P5 order of remand made by the 2nd respondent. In Ext. P5 the 2nd respondent had found that due opportunity was not given to the parties before the Tribunal came to a finding as to the status of the 4th respondent. Upon remand the Tribunal referred to the evidence of pws. 1 to 3 and came to the conclusion that the 4th respondent was a cultivating tenant under one Raphael whose legal representatives are the petitioners. This finding was confirmed by the impugned order.

(3.) S. 54 enables a cultivating tenant to make an application for purchase of landlord's rights. Admittedly no such application had been made by the 4th respondent. S. 72 speaks of vesting of the landlord's rights in the Government on the appointed day in respect of land held by a cultivating tenant who is entitled to fixity of tenure under S 13 and in respect of whom no certificate of purchase under S. 59 (2) has been issued. The only procedure that is available for deciding whether or not a vesting has taken place because of the character of the land is the procedure that has been laid down under the Vesting and Assignment Rules.