AMBUJAKSHY PRABHAKARAN Vs. CHANDRA GOPI AND ORS.

JUDGEMENT

(1.) THE 5th respondent in the Civil Revision Petition [for brevity "CRP"] is in review here and the parties are referred to as per their status in the CRP.

(2.) THE issue raised and decided in the CRP was as to whether there was a joint -tenancy as decided by the lower authorities constituted under the Kerala Land Reforms Act, 1963 [for brevity "the Act"]. The tenancy initially, crystallised into a Purchase Certificate in favour of one Kunjappu. The landlord originally was one Kandu, who leased out the land to his sister Kunhipennu. Kunhipennu sold her leasehold rights to her daughter Kochuparu and her son -in -law Kunjappu. Kunhappu later on executed a fresh lease with the landlord Kandu. Kandu sold his jenm rights to one Kochukuttan and Kunjappu filed application before the Land Tribunal, with the said Kochukuttan as landlord, seeking a Purchase Certificate on the strength of the lease executed with Kandu.

(3.) THE proceedings with respect to issuance of the Purchase Certificate to Kunjappu was challenged before the Appellate Authority with a delay of nine years, in which there was a remand. There were parallel proceedings also insofar as a suit for partition filed by the 7th respondent herein, wherein there was also a prayer for cancellation of the lease deed executed by Kunjappu with the landlord Kandu and the sale deeds executed by Kunjappu in favour of the revision petitioners. The suit for partition was decreed, which stood affirmed in appeal; however, the question of joint -tenancy was left to be decided by the Land Tribunal.