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ATIYOLI RAMANKUTTY versus N.RAMANKUTTY

High Court of Kerala

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ATIYOLI RAMANKUTTY v. N.RAMANKUTTY - SA No. 602 of 1994(E) [2007] RD-KL 16482 (24 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

SA No. 602 of 1994(E)

1. ATIYOLI RAMANKUTTY
... Petitioner

Vs

1. N.RAMANKUTTY
... Respondent

For Petitioner :SRI.M.K.DAMODARAN (SR.)

For Respondent :SMT.S.JAYASREE

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

Dated :24/08/2007

O R D E R

M.SASIDHARAN NAMBIAR,J.


===========================
S.A. NO. 602 OF 1994
===========================

Dated this the 24th day of August, 2007



JUDGMENT

The second appeal is filed challenging the dismissal of the first appeal as barred by time, after dismissing the application filed under section 5 of the Limitation Act to condone the delay. The case in the second appeal is that the Land Tribunal should not have rendered a finding based on O.A.2123/1976 as A.A.138/1987 was pending before the appellate authority challenging that order and as the question of tenancy is not finally decided by the Land Tribunal the judgments of the courts below are to be set aside.

2. It is pointed out by learned counsel appearing for respondent and admitted by learned counsel appearing for appellant that A.A.138/1987 was subsequently dismissed and C.R.P. filed before this court challenging the order of the appellate authorityin A.A.138/1987 was also dismissed. In S.A.602/1994 2 such circumstance, as the question of tenancy is finally settled, appellant is not entitled to contend that respondent is not tenant of the plaint schedule property. Therefore appellant is not entitled to the decree for recovery of possession sought for. Appeal is dismissed. M.SASIDHARAN NAMBIAR

JUDGE

tpl/-

M.SASIDHARAN NAMBIAR, J.

W.P.(C).NO. /06

JUDGMENT

SEPTEMBER,2006


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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