EXECUTIVE OFFICER, VISHNUMANGALAM DEVASWOM Vs. P.K.AMBUNHI

JUDGEMENT

(1.) THE petitioner is the appellant in A.A.No.198/87 on the files of the Appellate Authority (LR), Kannur, as well as the respondent in S.M.No.562/82 on the files of the Land Tribunal, Kannur. The above S.M. was filed by the the respondent herein for the assignment of landlord's right over 60 cents of land in R.S.No.225/7 and 13 cents in R.S. No.225/8 of Pullur Village, Hosdurg Taluk in favour of 'A' party. Subsequently, the 2nd respondent herein got impleaded himself as an interested party holding right over the said item of property by virtue of document No.1193/83 of SRO, Hosdurg.

(2.) THE case of the respondent/'A' party in the said S.M. proceedings was that the applicant Ambunhi filed O.A. No. 23310/1976 for purchase of landlord's right over the land in question which was dismissed on the ground that the tenancy of Kesavan Namboodiri and Chandran, who are stated to have transferred their rights of tenancy in favour of Ambunhi, have not been proved. The appeal as A.A. No.5114/78 and the revision filed before this Court as C.R.P. No.2608/80 were also dismissed. According to the respondent/'A' party, the property involved in the S.M. proceedings belonged to Vishnumangalam Devaswom owned and managed by the Trustee and the trustees entrusted the item in oral lease in 1940 and in 1954 on Patttrottillath Kesavan Namboodiri and Chandran respectively and the said occupants subsequently leased their rights to Ambunhi in the year 1950 and 1956 on condition to pay rent at the rate of Rs.20/ - and 2 paras of paddy per year as each item respectively and accordingly the said Ambunhi is stated to hold tenancy right over the land in question. Thereafter, Kesavan Namboodiri leased out the right over the land in favour of Ambunhi as per document Nos.2514/75 and 2561/75. Thus, he claimed fixity of tenure over the said land.

(3.) FEELING aggrieved by the concurrent findings of the authorities below, this revision is filed on various grounds. The illegality and impropriety of the orders passed by the authorities below are under challenge in this revision petition.