VELAYUDHAN Vs. RECEIVER

JUDGEMENT

(1.) Justice M.P. Menon has referred this original petition for the decision of a Division Bench. S.26 of the Kerala Land Reforms Act, 1963 was amended by Act 27 of 1979 by substituting a new sub-s.(3) in the place of old one and also introducing another sub-section as sub-s.(3A). Act 27 of 1979 itself came into force on 7th July, 1979. M.P. Menon, J. posed the questions: "Could the amendment have the effect of getting over applications dismissed as time barred prior to the coming into force of Act 27/1979 Was there a clear legislative intention to destroy vested rights". The learned Judge thought that these questions have general importance and so, they should be decided by a Division Bench.

(2.) Now, we turn to the skeletal facts necessary for the decision of the questions of law involved in this case. A tenant under the K.L.R. Act is the petitioner in this original petition. The Land Tribunal, Palghat, the second respondent herein passed an order determining the arrears of rent payable by the petitioner. This determination of arrears of rent was on 23-6-1972. E.P.No.498 of 1978 for recovery of the arrears of rent was filed on 30-7-1978 in terms of the order dated. 23-6-1972. Ext. P1 is that application. The application was out of time hence the landlord - a receiver appointed by the court filed an application to condone the delay in filing the application. Application to condone delay was dismissed. When the petition to condone delay was dismissed, the execution application was also dismissed.

(3.) S.26 of the K.L.R. Act, 1963 was amended by Act 27 of 1979. After the amendment, the Receiver of the property in question filed an application E.A.148/1980 to execute the order for recovery of arrears of rent passed by the Land Tribunal. It was contended that as per the amended provision, the landlord is entitled to recover the arrears of rent. Petitioner herein filed his objection. The Land Tribunal, rejected the objection and passed an order in terms of the amended provision-S.26(3A) of the K.L.R. Act. Copy of the order is Ext. P5. Petitioner challenges Ext. P5 order.