- (1.) In second appeal a learned Single Judge of the High court interfered with the concurrent finding on facts and dismissed the suit filed by the appellants as per the impugned judgment. Hence, the appellants preferred this appeal by special leave.
(2.) The factual position is this: A land having an extent of 1.20 acres is the subject-matter of litigation. Two sets of persons put forward rival claims of tenancy over the said land and applied for Certificate of Purchase under the relevant provisions of the Kerala Land Reforms Act ("the Act" for short). OA No. 778 of 1970 was filed by the appellants for purchasing the right, title and interest of the landowners, during the pendency of which the present contesting respondents got themselves impleaded by raising a claim that they have the right to purchase the landowners' title and interest in respect of 80 cents of land comprising of suit property. It is not necessary to refer to the chequered career which the said OA had undergone even by now. Suffice it to say that the said OA is still remaining before the Land tribunal pending final disposal, and it was later renumbered as OA No. 4308 of 1976.
(3.) In the meanwhile the contesting respondents moved the Land tribunal through an application purportedly under Section 72-MM of the Act showing that the landowners have also signed therein and prayed for an order allowing the respondents to purchase the right, title and interest of the landowners in respect of the aforesaid 80 cents. It. is admitted that the appellants were not made parties thereto. It is numbered as OA No. 1810 of 1971. Without the appellants getting any knowledge about the pendency ofthe said OA the Land tribunal happened to pass Ext. A-7 order on 19-5- 1973 allowing the respondent to purchase the right, title and interest of the a landowner in respect of the said 80 cents of land. On the footing of the said order the Certificate of Purchase (Ext. B-IO) was issued on 18/7/1975. Armed with Ext. A-7 and Ext. B-IO the contesting respondents turned against the appellants and informed the Land tribunal before which OA No. 4308 of 1976 was pending that in respect of 80 cents of the disputed property the OA is not maintainable.;