Poovollaparambil Chathu vs V. P. Sudheer

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1998 Supreme(SC) 1112

Poovollaparambil Chathu – Appellant
Versus
V. P. Sudheer – Respondent

Order

Leave granted.

This appeal is moved by the original defendants. In the suit of respondents an issue about defendants’ tenancy is not referred to the Lands Tribunal for consideration under Section 125 of the Kerala Land Reforms Act, 1864 by the High Court. The relevant issue No. 6 reads as under :

“Issue No. 6: Whether the defendants Nos. 1, 3 and 4 are entitled to fixity of tenure?’’

2. Relevant provisions of Section 125 of the Kerala Land Reforms Act are extracted as under :

“Bar of jurisdiction of Civil Courts. -(1) No Civil Court shall have jurisdiction to settle decide or deal with any question or to determine any matter which is by or under this Act required to be settled, decided or dealt with or to be determined by the Land Tribunal or the appellate authority or the Land Board or the Taluk Land Board or the Government or an officer of the Government:

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(3) If in any suit or other proceeding any question regarding tenant of Kudikidappuparn (including a question as to whether the person is a tenant or a Kudikidappukara) arises, the Civil Court shall stay the suit or other proceedings and refer such question to the land tribunal having jurisdiction ove

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