CHIKKARA Vs. SUGUNAN

JUDGEMENT

(1.) Revision petitioners are the legal representatives of Sankaran Kandakunju who filed O.A. 143 of 1971 before the Land Tribunal, Sherthallai under S.80B of the Kerala Land Reforms Act for purchase of kudikidappu right. That application was dismissed and the decision was confirmed in appeal.

(2.) Originally on 29-3-72 the Land Tribunal passed a preliminary order finding that the applicant is a kudikidappukaran. Respondent took up the matter before the Appellate Authority in A.A. 1620 of 1972. The appeal was dismissed. Subsequently on 26-2-76 the Land Tribunal passed the final order allowing the application. That was challenged by the respondent before the Appellate Authority in L.R.A.S. 681 of 1977. On the basis of the decree obtained by the respondent against the applicant in O.S. No. 1166 of 1970 on the file of the Munsiff's Court, Sherthallai, a copy of which was produced before the Appellate Authority, the order of the Land Tribunal was set aside and the case remanded. Subsequent to the remand on 4-8-1980 the Land Tribunal dismissed the application on the finding that in view of the above said decision of the civil court the applicant is not entitled to kudikidappu right. A.A. No. 332 of 1980 filed by the applicant was dismissed. Applicant is no more and his legal representatives filed this revision.

(3.) The learned counsel for the revision petitioners argued before me that O.S. No. 1166 of 1970 was a mere suit for injunction in which a reference to the Land Tribunal on the question of kudikidappu right was neither necessary nor maintainable. The further plea was that such a reference in an injunction suit was without jurisdiction and as such a nullity. On the foundation of these challenges the further attempt was to show that the decision of the Munsiff accepting the finding of the Land Tribunal itself was without jurisdiction and as such a nullity and therefore cannot operate as res judicata in any subsequent proceedings.