MOIDEENKUNHI Vs. EXECUTIVE OFFICER

JUDGEMENT

(1.) This civil revision petition arises under the Kerala Land Reforms Act. The question referred for consideration by the Bench is whether the Land Tribunal has got power to implead strangers as patties in the proceeding.

(2.) Suo motu proceedings were initiated by the Deputy Collector, Land Tribunal, Kannur for assignment of jenmam right to the revision petitioners over an extent of 1.10 Acres of land in R.S. No. 31/pt. of Kurumattur desom. During the pendency of the proceeding the 2nd respondent as well as one Sukdev sought to get impleaded in the proceedings claiming tenancy right over the said land. Their applications for getting impleaded were allowed. Ultimately, the claim put forward by Sukdev was not accepted by the Land Tribunal. As far as the 2nd respondent is concerned the Land Tribunal took the view that he is the cultivating tenant of the above said land. The above finding was affirmed on appeal filed by the revision petitioners before the Appellate Authority (Land Reforms), Kannur. The contention raised by the revision petitioners that the Land Tribunal has no power to implead the 2nd respondent herein as party in the proceeding was not accepted by both the authorities. This finding, inter alia, is under challenge in this revision petition.

(3.) It was contended by the learned counsel for the revision petitioners relying on a Bench decision of this Court in Subramaniya Iyer v. Taluk Land Board, 1985 KLT 1140 , that there is no power under the Kerala Land Reforms Act, 1963 and the Kerala Land Reforms (Tenancy) Rules, 1970 enabling the Land Tribunal to implead third parties. In the above mentioned decision the question that came up for consideration was whether the Taluk Land Board has power under the Kerala Land Reforms Act, 1963 and the Kerala Land Reforms (Tenancy) Rules, 1970 to implead third parties. The Bench took the view that apart from the power specifically given under R.92(3) of the Kerala Land Reforms (Tenancy) Rules, 1970 to implead certain persons as the legal representatives of a deceased party in the proceeding pending before the Board, the Land Board has no other power to implead a stranger in the proceeding. According to the learned counsel for the revision petitioners, this principle should be applied in the case of the application filed by the 2nd respondent before the Land Tribunal also.