KURUVILLA YOHANNAN Vs. KUMARAN

JUDGEMENT

(1.) This Civil Revision Petition has come up before us on a reference by our learned brother M.P. Menon, J. on the question whether S.20A of the Land Conservancy Act excludes from its ambit suits under S.6 of the Specific Relief Act, as held by Padmanabhan, J. in Philip v. Skaria, 1987 (1) KLT 213 .

(2.) The short facts are the following: Petitioners plaintiffs filed O.S. No. 360 of 1981 under S.6 of the Specific Relief Act for recovery of 2.15 acres of poramboke land in Sy. No. 748 of Pasupara Village, which the predecessor in interest of the petitioners had reduced to possession since 1950. He was in enjoyment of that property since then. Revenue authorities had imposed and collected penal tax from him under the Land Conservancy Act in L.C. No. 734/52. Two years prior to the institution of the suit, he had put up a shed in the suit property. He was staying 4 Kms. away therefrom. The, first defendant is the immediate neighbour on the northern side of the suit property. On 10-8-1981, first defendant forciably took possession of the property taking advantage of the absence of the original plaintiff. The second plaintiff was examined as Pw.1 and two other witnesses were also examined in support of the plaintiffs' claim. They produced Ext.A1 tax receipt. Defendants produced Ext.B1 to B5 in support of their contentions.

(3.) Defendants in their written statement contested the claim of the plaintiffs for possession since 1950 or any right in the suit property. They also asserted that at the time when they entered possession of the property, it was vacant tharisu land belonging to Government The first defendant got patta of the property. He put up a house in the suit property which was numbered as 365A/1 of Upputhara Panchayat. They also submitted that the Special Tahsildar, Peermedu, had initiated proceedings for grant of patta in favour of the wife of the first defendant A notice under R.12 of the Land Assignment Rules was published on 31-8-1981. They also contended that the suit is not maintainable in view of S.20A of the Land Conservancy Act.