AMMUKUTTYAMMA-PADMAVATHYAMMA Vs. VELAYUDHAN PARAMESWARAN ALIAS SIVAN

JUDGEMENT

(1.) A non-speaking order condoning the delay of 2207 days is under challenge in this Original Petition.

(2.) AT the instance of the respondent the Land Tribunal, Cherthala (for short, "the Tribunal") initiated S.M.P. No.22 of 1986 on the claim of the respondent that he is a cultivating tenant of the property. The Tribunal dismissed the proceeding on 04.02.2002. After 2207 days the respondent preferred an appeal before the Appellate Authority (Land Reforms), Alappuzha (for short, "the Appellate Authority"), as A.A. No.39 of 2009 with an application to condone the delay. That application, in spite of resistance by the petitioner was allowed by the Appellate Authority by a non-speaking order as aforesaid.

(3.) IT is not disputed before me that in O.S. No.98 of 1987, the respondent had claimed tenancy and kudikidappu and those claims were referred to the Tribunal and the Tribunal found against those claims. Accepting that finding the civil court passed a decree for eviction of the respondent and others though ex parte, and that decree has become final. In other words, the finding of the Tribunal on reference that the respondent is not entitled to fixity of tenancy or kudikidappu right in the property having been accepted by the civil court, it has become final. In such a situation though the S.M.P was initiated in the year 1986, neither the Tribunal nor the Appellate Authority could proceed with the claim raised by the respondent in that proceeding. The decision of the civil court will bind the Tribunal and the Appellate Authority.