PATHUMMAL Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS appeal is against the order in I.A.2213 of 1972 in L.A.R.15 of 1971 on the file of the II Additional Sub Court,Trivandrum,dismissing the Land Acquisition Reference under section 20 of the Act,for default of appearance of the applicant.I.A.No.2213 of 1972 was entertained and treated by the court below as a petition filed under Order IX,rule 9 of the C.P.C.But the court below dismissed it on the ground that the applicant had not shown that she was prevented by sufficient cause from appearing and conducting the case.Hence this appeal.

(2.) ON the strength of the ruling of Bhaskaran,J.in Kallianikutty Amma v.State of Kerala 1974 K.L.T.107,it was contended that no appeal lies,and only a revision can be entertained against the order.The correctness of the decision and the view expressed therein have been canvassed before us.

(3.) IT would be noticed that there is a difference between the scheme of the Central Land Acquisition Act and the Kerala Act.Under the Central Act,appeal only lies in any proceedings under the Act,to the High Court,from the award or any part of the award.Under the Kerala Act,on the other hand,under section 60,the award is by fiction be treated as a decree passed by a civil court,and an appeal against the award or part of the award is thereby provided.The scope and purpose of the fiction seems to be to provide for a right of appeal against the award.