P K BHANUMATHY Vs. AMBUJAKSHY

JUDGEMENT

(1.) CRP. No. 175 of 1999 arises out of an order in S.M. 51/82 of Land Tribunal, Alappuzha. CRP. No. 201 of 1999 arises out of an order in S.M. 50/82 of Land Tribunal, Alappuzha. S.M. 50/82 and S.M. 51/82 were disposed of by a common order passed by the Land Tribunal, Alappuzha on 12.06.1996, allowing both the applications and issuing certificate of purchase. Land Tribunal, Alappuzha disposed of the matter, considering the documents Exhibits A1 to A11 as also the deposition of AW1 to AW3. Reference was also made to Exhibits B1 to B5 and the deposition of DW1 to DW3. Aggrieved by the order of Land Tribunal, AA. 144/97 was preferred against S.M. 51/82 and AA. 142/97 was preferred against S.M. 50/82. The Appellate Authority passed separate orders, allowed both the appeals and set aside the order passed by the Land Tribunal. Hence, these revision petitions.

(2.) Learned counsel appearing for the revision petitioners submitted that the Appellate Authority had failed to refer to any of the documents produced by the applicants and also the oral defence of AW1.

(3.) I have perused both the orders passed by the Appellate Authority. The Appellate Authority had not referred to the various documentary and oral evidence adduced by the applicants. In the above circumstances, the matter is remitted to the Appellate Authority for fresh consideration and disposal. The Appellate Authority would take note of all the documentary and oral evidence adduced by both the parties and pass orders on merit. Both the revision petitions are allowed. The matter is remanded back to the Appellate Authority for fresh consideration. The Appellate Authority shall give an opportunity to both the parties and pass appropriate orders considering the documents already available, within a period of three months from date of receipt of copy of this order.