The amendment to S.26(3A) of the Kerala Land Reforms Act shifted the responsibility of arrears recovery from the landlord to the Land Tribunal, allowing recovery without a time limit and overriding previously dismissed applications.

Varghese Kalliath, J.

Justice M.P. Menon has referred this original petition for the decision of a Division Bench. S.26 of the Kerala Land Reforms Act. 1963 was amended by Act 27 of 1979 by substituting a new sub-sec. (3) in the place of old one and also introducing another sub-section as sub-section (3 a). Act 27 of 1979 itself came into force on 7th July. 1979. M.P. Menon. J. posed the questions: "Could the amendment have the effect of getting over applications dismissed as time barred prior to the coming in to force of Act 27/1979? Was there a clear legislative intention to destroy vested rights". The learned judge thought that these questions have general importance and so. they should be decided by a Division Bench.

2. Now. we turn to the skeletal facts necessary for the decision of the questions of law involved in this case. A tenant under the K.L.R. Act is the petitioner in this original petition. The Land Tribunal. Palghat. the second respondent herein passed an order determining the arrears of rent payable by the petitioner. This determination of arrears of rent was on 23-6-1972. E.P.No.498 of 1978 for recovery of the arrears of rent was filed on 30-7-1978 in terms of the order dated 23-6-1972. Ext.P1 is that application. The application was out of time hence the landlord - a receiver appointed by the court filed an application to condone the delay in filing the application. Application to condone delay was dismissed. When the petition to condone delay was dismissed. the execution application was also dismissed.

3. Section 26 of the K.L.R. Act. 1963 was amended by Act 27 of 1979. After the amendment. the Receiver of the property in question filed an application E. A. 148/1980 to execute the order for recovery of arrears of rent passed by the Land Tribunal. It was contended that as per the amended provision. the landlord is entitled to recover the arrears of rent. Petitioner herein filed his objection. The Land Tribunal rejected the objection and passed an order in terms of the amended provision - S.26(3 a) of the K.L.R. Act. Copy of the order is Ext.P5. Petitioner challenges Ext.P5 order.

4. Petitioner submits that the order of the Land Tribunal was sought to be executed by filing Ext.P1 as early as 1978. which was dismissed on the ground that it ought to have been filed within the time prescribed by the Act itself. viz.. one year from the date on which the order of the Land Tribunal was passed. Admittedly. in this case the order was passed on 23-6-1972. and the application was filed only in 1978. The dismissal of the application filed in 1978 has become final. The question is what is the effect of the amendment introduced. replacing the old provisions contained in sub-section (3) of S.26 of the K.L.R. Act? To understand this question. we feel that it is apposite to quote S.26 as amended by Act 27 of 1979. substituting sub-sections (3) and (3A) for the original sub-section (3) of S.26.

5. "26. Recovery of arrears of rent:

(1) A landlord or any person claiming under him may apply to the Land Tribunal in such form as may be prescribed for recovery of arrears of rent due to him from his tenant.

(2) The Land Tribunal shall. after such enquiry as may be prescribed. determine the amount payable to the landlord and the person liable to pay the same:

Provided that where the amount claimed in the application does not exceed five hundred rupees. the Land Tribunal shall follow the procedure prescribed for the trial of small cause suits.

(3) The person liable to pay the amount determined under sub-section (2) shall deposit the same with the Land Tribunal which determined the amount within a period of six months from the date of such determination.

(3A) In the event of the failure to deposit the amount referred to in sub-section (3)'

within the time specified in that sub-section. such amount shall. on a written requisition from the Land Tribunal to the District Collector. be recovered under the provisions of the Kerala Revenue R