The pendency of an appeal before the Land Reforms Appellate Authority is not a ground for staying the trial of a suit, as the Land Tribunal does not have jurisdiction to grant the relief claimed in the suit.

K. Sreedharan .J

When C.M P. No. 3646/94 came up for orders, learned counsel appearing on either side wanted the revision petition itself to be heard and disposed of Accordingly, I heard them at length and am disposing of the revision petition.

2. Petitioners are the defendants in O.S. No. 826/80 on the file of the Munsiff Court, Ernakulam. Suit was one for recovery of possession of the plaint schedule property from petitioners with mesne profits. Petitioners raised contention that they are the cultivating tenants of the plaint schedule property and that they are entitled to have the right, title and interest of landlords purchased, they also stated that they have filed O.A. No. 558/73 before the Land Tribunal, Mulanthuruthy, under Section 72 B of the Kerala Land Reforms Act for purchase of the rights of the landlord. On the basis of the contentions raised by the defendants, petitioners herein, issue relating to tenancy was referred to Land Tribunal. Reference was numbered as R.C. No. 24185.0.A. No. 558/73 on the file of the Land Tribunal, Mulanthuruthy was transferred to the Land Tribunal, Ernakulam where it was renumbered as O.A.No. 652/75. Land Tribunal dismissed that application whereupon, petitioners took up the matter in appeal, LRAS No. 417/78. Appellate Authority remanded the case to the Land Tribunal for fresh trial by judgement dated 29.3.1985. On remand, the Original Application was renumbered by the Tribunal as O.A. No. 86/86.

3. O.A. No. 86/86 and R.C. No. 24/85 were clubbed together and the Land Tribunal disposed of the same holding against the petitioners contention of tenancy. Reference was accordingly answered and Civil Court is to proceed with the suit, O.S. No. 826/80.. Aggrieved by the dismissal of O.A.No. 86/86, petitioners filed appeal as A.A. No. 213/94 before the Land Reforms Appellate Authority, Trichur. Appeal is pending. Petitioners thereupon, moved LA. No. 4793/94 before the Munsiff Court, Ernakulam for staying the suit, O.S. No. 826/80 till the final disposal of A.A. No. 231/94,under Sections 10 and 151 of the Code of Civil Procedure. Court below, by order dated 11.10.1994. rejected the prayer for staying the suit. Hence this revision petition.

4. Petitioners filed O.A. No. 558/73 for purchasing the right, title and interest of the land owner in respect of the property, which is scheduled to the plaint in O.S. No. 826/80. According to learned counsel, the proceedings now renumbered as O.A.No. 86/86 is an earlier proceedings compared to the suit, O.S. No. 826/80 and so, the trial of the suit, O.S.No. 826/80 has to be stayed.

5. Section 10 Code of Civil Procedure reads:

" 10. Stay of Suit. No Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the same parties, or between parties under whom they or any of them claim litigating under the same title where such suit is pending in the same or any other court in India having jurisdication to grant the relief claimed, or in any court beyond the limits of India established or continued by the Central Government and having like jurisdication or before the Supreme court."

A reading of this Section 10 shows that for invoking the provisions of that Section, certain essential ingredients are to be satisfied. They are, that the matter in issue in the second suit is directly and substantially in issue in the previously instituted suit; that the parties in the two suits are the same and that the court in which the first suit is instituted, is a court of competent jurisdiction to grant the relief claimed in the subsequently instituted suit. Earlier proceedings initiated before the Land Tribunal is one for the purchase of the right, title and interest of the land owner. OS. No. 826/80 is one filed for recovery of possession of the plaint schedule property from the defendants with future meane profits. Those proceedings are between the same parties. Propert