NABEESSUMMA Vs. AMINA

JUDGEMENT

(1.) O. A. 54 of 1974 under S.72MM of the Kerala Land Reforms Act was allowed by the Land Tribunal. Respondents 1 to 5 filed I. A. 6 of 1980 to set aside the order of the Land Tribunal on the ground that their right in the property is adversely affected by the order. The Interlocutory Application was allowed by the Land Tribunal. Revision petitioner filed appeal before the Appellate Authority (Land Reforms), Cannanore. The Appellate Authority dismissed the appeal holding that the order passed by the Land Tribunal is under S.72MM (7) and not under S.72F of the Act and hence the appeal is not maintainable.

(2.) Whether the Appellate Authority was justified in holding so is the question to be considered in the Civil Revision Petition. Admittedly, O. A. 54 of 1974 was filed under S.72MM of the Act. Under S.72MM, it is open to the cultivating tenant and the land owner to file a joint application before the Land Tribunal for an order assigning the right, title and interest of the land owner to the cultivating tenant. When such on application is allowed, any person affected by the order can challenge it within 90 days from the date of order on the ground that he had no notice of the application. When such an application is filed under S.72MM(7), the Land Tribunal may either set aside the order and proceed under S.72F or reject the application. Two courses open to the Land Tribunal under S.72MM (7) are:

(3.) The Appellate Authority was not justified in holding that order under S.72MM (7) is not appealable. The judgment of the Appellate Authority is set aside and the case is remanded to the Appellate Authority for consideration afresh after hearing both sides and in accordance with law.