DEENAMMA Vs. STATE OF KERALA

JUDGEMENT

(1.) AGGRIEVED by the order dated 05.10.2002 in S.M. 15 of 1993 which was confirmed in appeal as A.A. No. 86 of 2003 by order dated 21.03.2007, the petitioners have come up in revision.

(2.) THE facts absolutely necessary for the disposal of this revision petition are as follows:

(3.) WHILE so, Suo Motu proceedings No. 15 of 1993 was initiated for assignment of right, tile and interest over 25 cents of property in favour of the mortgagees who claimed to be cultivating tenants. That was allowed by order dated 26.02.1999. Thankamma preferred appeal as A.A. No. 12 of 1999 which was allowed by order dated 22.12.2000 and the matter was remanded for fresh consideration. After remand, before the Land Tribunal, P.W.1 was examined and Exts. A1 to A15 were marked from the side of the applicants. Thankamma on her behalf examined R.W.1 and marked Exts.B1 to B5. The Land Tribunal, after appreciation of the evidence, found that the mortgagees who are claiming to be the cultivating tenants were entitled to assignment of 11.750 cents of land and the balance extent had to be assigned in favour of Thankamma and accordingly an order was passed. That was challenged by the mortgagees in appeal. The Appellate Authority confirmed the order of the Land Tribunal. Thus, the mortgagees are before this Court.