The decision of the Land Tribunal on the existence of tenancy is not res judicata in subsequent civil suits unless the Land Tribunal had the jurisdiction to decide the issue involved.

1. The respondent filed O. P. No. 47 of 1973 before the Munsiff's Court, Kottarakkara for redemption of a mortgage under S.11 of Kerala Act 11 of 1970. The revision petitioner contended that he was a tenant in respect of the land. He filed I. A. 1891 of 1974 under S.125 (3) of the Kerala Land Reforms Act requesting the Court to refer the question of tenancy to the Land Tribunal. The revision petitioner had also filed O. A.16 of 1974 before the Land Tribunal, Chadayamangalam under S.72-B of the Land Reforms Act for purchase of the landlord's right. The Land Tribunal allowed the petition; but the appellate authority reversed the finding The order of the appellate authority was upheld by this Court in C. R. P. 2471 of 1976. When I. A. 1891 of 1974 came up for bearing, the respondent contended that in view of the order in CRP. 2471 of 1976, there was no necessity to refer the matter again to the Land Tribunal as the said order was resjudicata. The objection was upheld. The above decision is challenged in the revision petition.

2. The Division Bench of this Court which beard the revision petition was for upholding the order of the Munsiff as it was in conformity with the decision in Koran v. Kamala Shetty and others (ILR.1977 (2) Kerala 11977 KLT. 358 (FB.)). A Full Bench of this Court held in that case that the general principles of res judicata are applicable to decisions by Land Tribunals. The Division Bench, however, felt that some of the observations in A.S. 222 of 1973 supported the case of the revision petitioner. (For a short note on the case sec 1975 KLT. Short Notes 74). Hence the reference to the Full Bench.

3. A. S.222 of 1975 arose out of a suit for recovery of possession of certain property on the basis of title. Defendants 1 to 5 claimed that they were in possession under a registered lease deed of 1957. One of the issues raised was the jurisdiction of the Civil Court to try the case in view of S.125 (3) of Act I of 1964 as amended by Act 39 of 1969. S.125 reads:

"125. 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:

Provided that nothing contained in this sub-section shall apply to proceedings pending in any court at the commencement of the Kerala Land Reforms (Amendment) Act, 1969.

(2) No order of 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 made under this Act shall be questioned in any civil court, except as provided in this Act.

(3) If in any suit or other proceeding any question regarding rights of a tenant or of a kudikidappukaran (including a question as to whether a person is a tenant or a kudikidappukaran) arises, the civil court shall stay the suit or other proceeding and refer such question to the Land Tribunal having jurisdiction over the area in which the land or part thereof is situate together with the relevant records for the decision of that question only.

(4) The Land Tribunal shall decide the question referred to it under sub-section (3) and return the records together with its decision to the civil court.

(5) The civil court shall then proceed to decide the suit or other proceedings accepting the decision of the Land Tribunal on the question referred to it.

(6) The decision of the Land Tribunal on the question referred to it shall, for the purposes of appeal, be deemed to be part of the finding of the civil court.

(7) No civil court shall have power to grant injunction is any suit or other proceeding referred to in sub-section (3) restraining any person from entering into or occupying or cultivating any land or kudikidappu or to appoint a receiver for any property in respec