S M THIRUMALA DEVASWOM Vs. LAND TRIBUNAL

JUDGEMENT

(1.) This Original Petition has come before us on a reference made by a learned Single Judge. Issue raised herein is whether Land Tribunal can issue orders of injunction under R.92 of the Kerala Land Reforms (Tenancy) Rules, hereinafter referred to as "the Rules", in a matter referred to it by Civil Court under S.125(3) of the Kerala Land Reforms Act, hereinafter referred to as "the Act".

(2.) The short facts necessary for the disposal of this Original Petition are as follows: Writ petitioner is the owner of 7 Acres and 34cents consisting of garden land and paddy field in various survey numbers mentioned in the schedule to the plaint in O.S.589/1985 on the file of the Munsiff's Court, Cherthala. 22 Cents of property is in the possession of second respondent under a leasehold arrangement. Another 77 1/2 Cents of properly is in the possession of second respondent's wife under a similar arrangement. These areas, according to the petitioner, are not included in the schedule to the plaint. Second respondent was a caretaker of the plaint schedule items. Since the caretakership was not to the satisfaction of the petitioner, that arrangement was terminated. Thereupon, second respondent, it is alleged, attempted to trespass on the plaint schedule properties. Thereupon petitioner instituted the above mentioned suit for the relief of permanent injunction against trespass. Along with the suit, he filed I.A.2626/1985 for a temporary injunction. Trial Court granted the prayer. Instead of questioning that order before the Trial Court, second respondent challenged the same in C.M. Appeal 41 of 1985 before the Sub Court, Cherthala. That Court set aside the order of interim injunction. Later the Trial Court considered I.A.2626/1985 and granted the prayer of injunction. Second respondent challenged that order before the Subordinate Judge's Court, Cherthala in C.M.A. 32 of 1987, without success. By this time, the Trial Court referred the question raised by the second respondent regarding the claim of tenancy for decision of the Land Tribunal under S.125(3) of the Act. On account of the said reference, the challenge made by second respondent of the order of injunction before this court in C.R.P. 589/1988 was allowed as provided by S.125(7) of the Act. As per that clause, no civil court shall have power to grant injunction in any suit or other proceeding referred to a Land Tribunal under S.125(3) of the Act restraining any person from entering into or occupying any property in respect of which the question was referred. It also provides that any injunction granted before the said reference shall stand cancelled.

(3.) As stated earlier, claim of tenancy raised by the second respondent was referred to the Land Tribunal for its decision under S.125(3) of the Act. The reference was so made early in 1987. It is still pending before the Tribunal. It appears that there was no dispute regarding the possession of the property till the latter half of 1992. On 27-8-1992, second respondent filed I.A. 13/1992 before the Land Tribunal praying for an order of temporary injunction restraining the writ petitioner from trespassing into the properties scheduled to the plaint and from preventing the second respondent from enjoying the same. On 30-11-1992, Land Tribunal granted an order restraining the writ petitioner from trespassing into the properties. The validity of this order of injunction is under challenge.