KRISHNAN KUTTY Vs. K S MOHANAN PILLAI

JUDGEMENT

(1.) An order by the Land Tribunal dismissing an application for the issuance of an advocate commissioner and surveyor, is under challenge.

(2.) The first respondent in this original petition as plaintiff filed O.S No.236 of 2015 before the Munsiff's Court, Vaikom for the relief of fixation of boundary and recovery of possession. The second defendant raised a plea that he is a cultivating tenant. I.A No.619/2016 was filed in the suit seeking reference to the Land Tribunal for determination of the question as to whether he is a cultivating tenant as claimed. As per Ext P5 order the said application was allowed and the matter was referred to the Land Tribunal under Section 125(3) of the Kerala Land Reforms Act, with a direction to have the issue decided within a period of six months. Time bound direction was given taking note of the fact that the plaintiff was aged 86 years as on the date of suit. Though the plaintiff challenged the order before this court in O.P No. 2485 of 2016, he was unsuccessful. This court while dismissing the original petition as per judgment dated 15.03.2017, directed the Land Tribunal to answer the reference within six months. Before the Land Tribunal the reference was numbered as R.C No.1 of 2016. Therein the petitioner herein-second defendant in the suit, filed I.A No.1 of 2017 seeking for the appointment of an advocate commissioner and surveyor. As per Ext P10 order the Land Tribunal dismissed the application. It was held that, the Land Tribunal has necessary powers under the provisions of the Kerala Land Reforms Act to collect necessary details for determination of the issue referred with the assistance of an authorised officer, and that such an officer has been already authorised to ascertain the necessary matters. The said order is under challenge.

(3.) A reference to Sections 105 and 105A of the Land Reforms Act would be relevant: