VENGALATH MADATHIL TAVAZHI KARNAVAN Vs. THOREKKAT KUNHIKRISHNAN

JUDGEMENT

(1.) The Order of the Court was pronounced by Govindan Nair, C. J. - This revision petition has come up before the Full Bench on an order of reference by a Division Bench of this Court. The question that arises for consideration has to be answered on the interpretation of S.6A and 13A of the Kerala Land Reforms Act, 1963, for short the Act. Before we refer to these sections and the corresponding provisions in the previous enactments, we shall briefly state the facts.

(2.) The revision petitioner obtained a decree for redemption of the mortgage, Ext. A1 dated 4th March 1936, executed in favour of the father of the counter petitioner, in O. S. No. 428 of 1955. This decree was confirmed in appeal in A. S. No. 44 of 1962, and on further appeal to the High Court in S. A. No. 129 of 1963. In execution of the decree the civil revision petitioner recovered possession of the property on 17th July 1967. The counter petitioner's father, Raman was holding the property on an oral lease from a period anterior to 1930. It was while he was so holding the property on an oral lease that the property was mortgaged to him on 4th March 1936 under Ext. A1.

(3.) The respondents who got the rights of their father Raman made an application purporting to be under S.13A of the Act on 24th June 1970 for restoration of possession of the property delivered over on 17th July 1967. This application was allowed by the Land Tribunal on 21st January 1972 and the order was confirmed by the appellate authority, the Land Tribunal (Munsiff) of Kozhikode. We shall now extract S.6A and 13A of the Act.