KRISHNA PILLAI Vs. KRISHNAN VELAYUDHAN

JUDGEMENT

(1.) This revision was referred to a Full Bench for decision on the legality of the order of the Appellate Authority (Land Reforms), Alleppey, condoning the delay in making the requisite deposit under sub-s.(3) of S.13A of the Kerala Land Reforms Act, for short 'the Act'.

(2.) The facts of the case are not in dispute. The petitioner obtained a decree against the 1st respondent in OS. No. 734 of 1967 of the Munsiff's Court, Neyyattinkara for redemption of a mortgage and for recovery of possession of the suit property. In execution of the decree the petitioner got delivery of the property on 31-1-1969. After the commencement of the Kerala Land Reforms (Amendment) Act, 35 of 1969, the 1st respondent applied as per O.A. No. 152 of 1970 to the Land Tribunal, Quilon for restoration of possession of the property delivered to the petitioner on 13-1-1969 alleging that he is a deemed tenant under S.4A(1)(a) of the Land Reforms Act as amended and is hence entitled to restoration of possession of the holding under S.13A of the Act. The Land Tribunal as per its order dated 20-6-1972 allowed restoration on condition that the 1st respondent deposits compensation fixed at Rs. 1, 834.31 for payment to the petitioner decree holder within one month from the date of the order. The petitioner filed O.P. No. 3047 of 1972 before this Court against the order of the Land Tribunal and obtained a stay of all further proceedings on 27-6-1972. The O. P. itself was dismissed on 30-8-1972 for the reason of the pendency of an appeal by the petitioner before the Appellate Authority (Land Reforms), Alleppey. The appeal A A. 1153 of 1972 was filed on 2-8-1972. The Appellate Authority passed an order of stay of all further proceedings on 16-8-1972 and ultimately dismissed the appeal itself on 2-6-1973. The Ist respondent had failed to comply with the direction of the Land Tribunal to deposit the compensation due to the petitioner within one month from the date of the Tribunal's order on 20-6-1972. An application, I. A. No. 62 of 1973. was filed before the Land Tribunal on 13-7-1973 for extension of time to deposit the amount. The amount was deposited only on 17-7-1973, one month and 15 days after the order of the Appellate Authority dismissing the appeal. The Land Tribunal on 27-12-1973 allowed IA. No. 62 of 1973 and condoned the delay in depositing the amount. The petitioner filed AA. No. 382 of 1974 before the Appellate Authority against the order of the Land Tribunal in IA. No. 62 of 1973. The Appellate Authority on 28-5-1977 allowed the appeal and dismissed the application for condonation of delay on the ground that the Land Tribunal has no jurisdiction to extend the time fixed for deposit under sub-s.(3) of S.13A of the Act Thereafter on 28-6-1977 the Ist respondent as per IA. No. 927 of 1977 applied to the Appellate Authority for condonation of delay in making the deposit. The Appellate Authority as per its order dated 5-1-1978 has condoned the delay enabling the 1st respondent to obtain restoration of the property in terms of the order of the Land Tribunal dated 20-6-1972 It is against this order of the Appellate Authority that the petitioner has filed the Civil Revision Petition.

(3.) Counsel for the petitioner submits that the Appellate Authority has no jurisdiction to extend the time for deposit, the appellate jurisdiction in matters like this cannot extend beyond the jurisdiction of the Land Tribunal, the Tribunal itself, as rightly held by the Appellate Authority, has no jurisdiction to extend the time and hence impugned order of the Appellate Authority is without jurisdiction and void. Sub-s.(3) of S.13A empowers the Tribunal, on satisfaction of the condition mentioned in sub-s.(1), to make an enquiry and pass an order for restoration directing the applicant to deposit the compensation received by him under any decree or order of court towards value of improvements or otherwise and the value of improvements, if any, effected by the decree holder as may be determined by the Land Tribunal, within such time as may be specified in the order itself. The time fixed for deposit is an essential and an integral part of the order for restoration itself, and in the absence of any other provision in the Act or the Rules, the Tribunal has no jurisdiction to extend the time fixed for deposit under sub-s.(3) of S.13A of the Act. Counsel points out that wherever the legislature thought it necessary to confer such power for extension of time to the Tribunal, the Act itself has provided for such extension such as under sub-s.(3) of S.22 empowering the Tribunal to extend the time for payment of compensation due to a tenant whose holding or part of the holding is to be resumed in terms of an order under sub-s.(2). Learned counsel for the respondents submits that the Appellate Authority has jurisdiction under S.102 of the Act to extent time for compliance to the orders of the Land Tribunal Sub-s.(3) of S.102 provides that in deciding appeals under sub-section (1), the appellate authority shall have all the powers of a civil court and follow the same procedure which a court follows in deciding appeals against decrees of an original court under the Code of Civil Procedure. It is also pointed out that under sub-s.(2) of S.107 of the Code of Civil Procedure "the appellate court shall have the same powers and shall perform as nearly as may be the same duties as are conferred and imposed by the Code on courts of original jurisdiction in respect of suits instituted therein." According to learned counsel sub-s.(3) of S.13A authorises the Land Tribunal to fix a time within which the deposit of the amounts mentioned therein is to be made. Since the power is conferred on the Tribunal to fix the time, it is also empowered to extend the time in appropriate cases, and such extension would also fall under sub-s.(3). It is also submitted that in disposing of the appeal, the appellate court would have fixed a time for deposit and that court has only corrected its own error in having omitted to fix a time for compliance to the order under sub-s.(3) of S.13A.