DEVAKI AMMA Vs. RAMAKRISHNA PILLAI

JUDGEMENT

(1.) The questions arising for decision in these civil revision petitions is whether the first counter petitioner in each of these cases is entitled to restoration of possession under S.13A of the Kerala Land Reforms Act, Act 1 of 1964, as amended by the Kerala Land Reforms (Amendment) Act, 1969 (Act 35 of 1969), for short the Act. Act 35 of 1969 will hereinafter be referred to as the Amending Act.

(2.) The facts which gave rise to civil revision petition 1341 of 1973 necessary for deciding the case are the following. The revision petitioner therein pursuant to the decree for redemption in O. S. No. 75 of 1121 recovered possession of the property on 28-11-66. After coming into force of the Amending Act on 01/01/1970, the first counter petitioner applied for restoration of possession under S.13A of the Act on 25-6-70, to the Land Tribunal, Quilon. The Tribunal by the order sought to be revised allowed the restoration of possession. Thereafter an appeal was taken by the revision petitioner before the appellate authority under the Act but the appeal was dismissed. This revision petition is directed against the appellate order.

(3.) In civil revision petition 1521 of 1973 the decree for redemption was passed in O. S. No. 253 of 1962 on 18-7-67. Pursuant to the decree the revision petitioner therein obtained possession on 28-8-67. The first counter petitioner applied for restoration of possession on 29-6-70 under S.13A of the Act before the Land Tribunal, Quilon. The Land Tribunal allowed the application. There was an appeal by the revision petitioner before the appellate authority under the Kerala Land Reforms Act and that appeal was dismissed. The revision is directed against the appellate order.