IMPORTANT POINTS
Overlooking the pendency of a substantial issue regarding the conferment of a right under the provisions of the Act pending before the Land Tribunal, the trial court proceeded with the suit without staying its proceedings and culminated in a decree in the trial court as well as in the first appellate court, causing miscarriage of justice. Both the decrees are liable to be set aside.

JUDGMENT :

1. The additional third plaintiff came up with this appeal against the decree and judgment of both the Trial Court and the First Appellate Court, in a suit for recovery of possession based on title. The subject matter of the suit comes to two items of property having a total extent of 8.75 acres of land out of a large extent of 26 acres, the subject matter of a lease of the year 1934 produced and marked as Ext.A1, a Kanam lease from a Kaviyattu tarwad, the Janmam right holder.

2. The defendants contested the suit claiming assignment of lease hold right under two registered documents, and two purchase certificates dated 13/06/1984 in respect of item No.1, 04/08/1984 in respect of item No.2. On getting knowledge, the plaintiff moved before the Land Tribunal and filed an appeal before the appellate authority and got the purchase certificate set aside and a remand of the matter back to the Land Tribunal and it is pending there.

3. An application was submitted under Section 10 of Code of Civil Procedure by the defendant before the Land Tribunal to stay its proceedings till the disposal of the suit. That application was dismissed by the Land Tribunal. The matter was taken up before this court under Article 226 and this court by order dated 18.1.1990 set aside the order of the Land Tribunal and directed the Land Tribunal to keep the proceedings stayed till the adjudication of the civil court with an observation that if there is a reference under Section 125 (3) of Kerala Land Reforms Act, the Land Tribunal can proceed with the same. Consequently, the civil court proceeded with the matter and a decree was passed rejecting the claim of the plaintiff. In appeal, it was confirmed, against which this appeal by the additional 3rd plaintiff.

4. The substantial questions principally came up for consideration are:

(1) Whether it is permissible to adjudicate a civil dispute between the same parties with respect to the same property by a civil court, when the same issue or a substantial portion of the issue pending consideration before a Land Tribunal or an appellate authority constituted under the Kerala Land Reforms Act, 1963 ?

(2) Whether the proceedings before the Land Tribunal or appellate authority constituted under the Kerala Land Reforms Act, 1963 would acquire the character of a separate suit for the purpose of Section 10 of Code of Civil Procedure ?

(3) Whether Section 10 of the Code of Civil Procedure would come into play, when there is a reference under Section 125(3) of the Kerala Land Reforms Act, 1963 ?

5. The Kerala Land Reforms Act,1963 (hereinafter referred to as “the Act”) is a special enactment intended to confer statutory benefits on a section of beneficiaries by which certain matters which would otherwise come under the purview of civil court brought out of the jurisdiction of civil court and vested with the authorities constituted under the Act, namely Land Tribunal, appellate authority and Land Board thereof. With respect to a benefit conferred on a beneficiary under the said enactment, provisions were made for a reference under Section 125(3) of the Act to decide the issue by a Land Tribunal constituted under the Act when the matter came up for adjudication by a civil court. Section 125 of the said Act extracted below for reference:

“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