V.KHALID
VELAPPAN – Appellant
Versus
THOMAS – Respondent
1. This appeal raises an important question as to the bar of jurisdiction of the civil courts under the Kerala Land Reforms Act, from questioning the orders of the Land Tribunal. The facts of the case, in brief, are as follows.
2. This appeal arises from a suit, O.S.No. 59 of 1972 on the file of the Sub Court, Palghat. The suit was filed for setting aside the order of the Land Tribunal in O. A. No. 140 of 1970 and for eviction of the defendant from the properties with mesne profits and damages. The defendant raised a plea that he was a tenant entitled to fixity of tenure. On this, the trial court referred the matter to the Land Tribunal for a finding regarding the tenancy put forward. The Land Tribunal sent back the records with the following remarks: A 'On perusing the documents filed in the above original suit, it is seen that defendant in suit No. 59/72 is the actual cultivating tenant under the K.L.R. Act and a K-Form Certificate was already issued in favour of the defendant. There is, therefore, no necessity to re-examine the question of tenancy in this case, by this Land Tribunal'.
When the matter was taken up for hearing after receipt of the above finding, the defe
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