Judgment

Per D.P. Mohapatra, J.-

While making a reference to the Tribunal mandatory the legislature cannot be said to have intended that even a patently frivolous, malafide and illegal plea of tenancy taken by a party merely to delay the proceeding and to remain in possession of the property is also to be referred to the Tribunal. The statutory provisions, in our considered view, envisage a case where a bonafide and legally sustainable plea of tenancy is taken by the party, that question shall be referred to the Tribunal. (Para 20)

(ii) Kerala Land Reforms Act, 1963-Section 125(6) - Reference to Tribunal to decide question regarding status of a person as a tenant or kudikidappukaran-Building nature of findings of Tribunal-Trial Court (Court making reference) has to accept decision of Tribunal-Trial Court cannot record contrary finding on question of status of a person-Appellate Court is not precluded from going into correctness of findings of Tribunal.

From the statutory scheme of Section 125 it is clear that when a question regarding status of a person as a tenant or as a kudikidappukaran arises in any suit or proceeding before a civil Court that Court shall refer the matt