PENANGAL PRABHAKARAN NAMBIAR Vs. AHAMED KOYA

JUDGEMENT

(1.) The additional third plaintiff came up with this appeal against the decree and judgment of both the Trial Court and the First Appellate Court, in a suit for recovery of possession based on title. The subject matter of the suit comes to two items of property having a total extent of 8.75 acres of land out of a large extent of 26 acres, the subject matter of a lease of the year 1934 produced and marked as Ext. A1, a Kanam lease from a Kaviyattu tarwad, the Janmam right holder.

(2.) The defendants contested the suit claiming assignment of lease hold right under two registered documents, and two purchase certificates dated 13/06/1984 in respect of item No. 1, 04/08/1984 in respect of item No. 2. On getting knowledge, the plaintiff moved before the Land Tribunal and filed an appeal before the appellate authority and got the purchase certificate set aside and a remand of the matter back to the Land Tribunal and it is pending there.

(3.) An application was submitted under Section 10 of Code of Civil Procedure by the defendant before the Land Tribunal to stay its proceedings till the disposal of the suit. That application was dismissed by the Land Tribunal. The matter was taken up before this Court under Article 226 and this Court by order dated 18/01/1990 set aside the order of the Land Tribunal and directed the Land Tribunal to keep the proceedings stayed till the adjudication of the Civil Court with an observation that if there is a reference under Section 125(3) of Kerala Land Reforms Act, the Land Tribunal can proceed with the same. Consequently, the Civil Court proceeded with the matter and a decree was passed rejecting the claim of the plaintiff. In appeal, it was confirmed, against which this appeal by the additional 3rd plaintiff.