JOSEPH Vs. JACOB

JUDGEMENT

(1.) S. 26 of the Act enables a landlord to apply to the land Tribunal in the prescribed form for recovery of arrears of rent due to him from his tenant. No court or other authority or officer other than the Land tribunal has jurisdiction to entertain any claim for arrears of rent. S. 13 of the Act confers fixity of tenure in respect of holding on the tenant with effect from 1-1-1970. The right, title and interest of the land owner in respect of the holdings held by cultivating tenant entitled to fixity of tenure under S. 13 vests in the Government free from all encumbrances by virtue of S. 72 of the Act.

(2.) SUB-s. (4) of S. 72 of the Act however provides that where in the case of a holding, the land owner is a small holder, the right, title and interest of the land owner in respect of such holding shall vest in the Government (a) on the expiry of six months from the commencement of the kerala Land Reforms (Amendment) Act, 1969, or on the date notified under sub-s. (1), whichever is later, in cases where no application for resumption of the holding or part of the holding has been preferred; (b) in any case where application for resumption has been preferred, on the date on which the order rejecting such application, either in part or in full, has become final or on the date notified under sub-s. (1), whichever is later.

(3.) THE application cannot be rejected for the sole reason that the application for resumption had not been pending during the period for which rent has been claimed. In the present case the revision petitioner is stated to have moved the Land Tribunal for arrears of rent for the period from 15-3-1975 to 15-3-1977. THE application for resumption filed in 1965 has been re-numbered as O. A. No. 483 of 1971 and allowed in 1972. THE delay in making the deposit as per the order had been finally condoned by the order of this Court in C. R. P. Nos. 3744 and 3745 of 1977. THE application for resumption thus stands allowed.