KORH CHACKO Vs. MATHEW

JUDGEMENT

(1.) When C.M.P. No. 3646/94 came up for orders, learned counsel appearing on either side wanted the revision petition itself to be heard and disposed of. Accordingly, I heard them at length and am disposing of the revision petition.

(2.) Petitioners are the defendants in O.S. No. 826/80 on the file of the Munsiff Court, Ernakulam. Suit was one for recovery of possession of the plaint schedule property from petitioners with mesne profits. Petitioners raised contention that they are the cultivating tenants of the plaint schedule property and that they are entitled to have the right, title and interest of landlords purchased. They also stated that they have filed O.A. No.558/73 before the Land Tribunal, Mulanthuruthy, under S.72 B of the Kerala Land Reforms Act for purchase of the rights of the landlord. On the basis of the contentions raised by the defendants, petitioners herein, issue relating to tenancy was referred to Land Tribunal. Reference was numbered as R.C. No. 24/85.0.A. No. 558/73 on the file of the Land Tribunal, Mulanthuruthy was transferred to the Land Tribunal, Ernakulam, where it was renumbered as O.A.No.652/75. Land Tribunal dismissed that application whereupon, petitioners took up the matter in appeal, LRAS No. 417/78. Appellate Authority remanded the case to the Land Tribunal for fresh trial by judgement dated 29.3.1985. On remand, the Original Application was renumbered by the Tribunal as O.A. No.86/86.

(3.) O.A. No. 86/86 and R.C. No. 24/85 were clubbed together and the Land Tribunal disposed of the same holding against the petitioners contention of tenancy. Reference was accordingly answered and Civil Court is to proceed with the suit, O.S. No. 826/80. Aggrieved by the dismissal of O.A.No.86/86, petitioners filed appeal as A.A. No. 213/94 before the Land Reforms Appellate Authority, Trichur. Appeal is pending. Petitioners thereupon, moved IA. No. 4793/94 before the Munsiff Court, Ernakulam for staying the suit, O.S. No. 826/80 till the final disposal of A.A. No. 2031/94, under S.10 and 151 of the Code of Civil Procedure. Court below, by order dated 11.10.1994 rejected the prayer for staying the suit. Hence this revision petition.