K KRISHNAN ELAYATH Vs. A. SURESH

JUDGEMENT

(1.) Revision petitioner is the plaintiff in O. S.2/81 of the Munsiff Court Thodupuzha. The suit has been filed for eviction of the respondent (defendant) from the plaint schedule property after removing the temporary shed and also for realisation of mesne profits at the rate of Rs. 15/- per mensem. Respondent filed I. A. 700/82 for referring issue No. 1 to the Land Tribunal under S.125(3) of the Kerala Land Reforms Act (hereinafter referred to as the Act). Revision petitioner resisted the petition on the ground that there is no necessity for any reference under S.125(3) of the Act. The learned Munsiff by order dated 23-10-1982 allowed the petition. The said order is challenged by the revision petitioner.

(2.) Plaintiff contends that reference under S.125(3) of the Land Reforms Act does not arise in the suit as the defendant has denied the title of the plaintiff in the property. It is further contended that the defendant has not pleaded landlord - tenant relationship and on that sole ground the learned Munsiff ought to have dismissed the petition. Learned counsel for the defendant submitted that as an issue has been raised with regard to the tenancy rights claimed by the defendant the court below was justified in passing the impugned order.

(3.) Whether reference to the Land Tribunal is necessary on the basis of a wrong issue is the moot point to be considered. Issue No. 1 is as follows: