PARUKUTTY AMMA Vs. KRISHNAN NAIR

JUDGEMENT

(1.) This revision petition arises out of proceedings initiated by the landlord for resumption of part of a holding of 50 cents of land under S.15 of the Kerala Land Reforms Act, hereinafter referred to as the Act for short. The tenants are the revision petitioners. Respondents 1 to 7 are members of the landlord tarawad. Resumption was sought for, alleging that the landlord tarawad required 50 cents of the holding for the purpose of constructing a building for residential purposes for some members of the tarawad. The tenants resisted the petition on various grounds that the extent of the properties shown in the application as belonging to the tarawad was incorrect, that the tarawad had in its possession more than two acres of land, none of the members had any necessity to construct the residential building in the land sought to be resumed and that the extent of the lands shown as belonging to the tenants was wrong.

(2.) Finding that the requirement was not bona fide, the Land Tribunal dismissed the application. However, the appellate authority on appeal by the petitioners in the O. A. found the requirement of the landlord to be bona fide and therefore setting aside the order of the Land Tribunal, remitted back the case to the Land Tribunal for fresh disposal.

(3.) The tenants then took up the matter to this court. This court refused to interfere with the order of remand confirming the appellate authority's decision in regard to the bona fide requirement of the land by the lessor tarawad. A writ appeal filed in the matter was also dismissed by the Division Bench of this court observing 'that all questions excepting the one determined by the appellate authority regarding the question of bona fides is open for consideration by the Land Tribunal. On that basis the Land Tribunal will deal with the matter applying the provisions in S.15 of the K. L. R. Act.'