M. Gangadharan Nair and M. Janardhanan Nair v. A. Chandramathi Amma and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN** ## **TUESDAY, THE 30TH DAY OF OCTOBER 2012/8TH KARTHIKA 1934** ## **CRP.No. 159 of 2002 ( )** **----------------------A.A. NO. 24/99 & A.A. 11/99 OF APPELLATE AUTHORITY (LAND REFORMS), KANNUR SMC 34/78 OF LAND TRIBUNAL, KOZHIKODE** **-----------------** ## **REVISION PETITIONERS : (APPELLANTS IN AA 24/99/RESPONDENTS 7 & 8 IN A.A. 11/99** **-----------------------------------------------------------------------------------------------------------------------------** **(SUPPL.CULTIVATING TENANTS 1 AN 2) :** **------------------------------------------------------------** **1. M.GANGADHARAN NAIR S/O.NARAYANI AMMA, MARANKANDY HOUSE, P.O.NELLIKODE KOZHIKODE TALUK.** **2. M.JANARDHANAN NAIR,** - **S/O.KUTTIMALU AMMA, MARANKANDY HOUSE.** **BY ADVS.SRI.A.P.CHANDRASEKHARAN (SR.) SMT.PRABHA R.MENON SRI.PUSHPARAJAN KODOTH SRI.M.KRISHNAKUMAR SRI.K.JAYESH MOHANKUMAR** ## **RESPONDENTS : (RESPONDENTS 1 TO 25 IN A.A.24 OF 1999/RESPONDENTS 1 TO 6 AND** **-------------------------------------------------------------------------------------------------------------------------------** **9 TO 11 AND APPELLANTS 1 TO 11 AND RESPONDENTS 12 TO 14 AND APPELLANTS** **--------------------------------------------------------------------------------------------------------------------------** **12 & 13 IN A.A. 11/99 AND CULTIVATING TENANTS 3 TO 8 AND SUPPL. CULTIVATING** **-------------------------------------------------------------------------------------------------------------------------TENANTS 3 TO 5 AND SUPPL. RESPONDENTS 3 TO 8.** **-----------------------------------------------------------------------------** **1. A. CHANDRAMATHI AMMA,** - **D/O. ACHUTHAN NAIR, SANTHA SADANAM.** **2. A.V.SARASWATHI AMMA,** - **D/O.ACHUTHAN NAIR, "SARAS"** **3. A.V.KOMALAVALLY, D/O.LAKSHMIKUTTY, VADAVOOR.** **4. A.V.JAYARAJAN, S/O.LAKSHMIKUTTY, VADAVOOR HOUSE, P.O.NELLIKODE.** **...2/-** ## **CRP.No. 159 of 2002 ( ) -2-** ## **5. A.V.MANOHARAN, S/O.LAKSHMIKUTTY, VADAVOOR HOUSE.** **6. A.V.GIRIJA, D/O.LAKSHMIKUTTY, VADAVOOR HOUSE.** **7. VIJAYALAKSHMI AMMA, D/O.KUTTIMALU AMMA, PALATH HOUSE, GOVINDAPURAM.** **8. REMADEVI, D/O.KRISHNAN NAIR, RAMANILAYAM HOUSE, GOVINDAPURAM.** **9. MOHANDAS, S/O.KRISHNAN NAIR, -DO-.** **10. RAJAMANI @ RATNABAI, D/O.SANKARAN NAIR, VADAVOOR HOUSE, NELLIKODE.** **11. T.V.SATHIANATHAN, S/O.SANKARAN NAIR.** **12. SIVASANKARAN, S/O.SANKARAN NAIR.** **13. M.VIJAYAKUMAR, S/O.RAJAMANI, VADAVOOR HOUSE, NELLIKODE.** **14. T.V.PRADEEPKUMAR, S/O.KRISHNAN NAIR, RAMANILAYAM HOUSE, GOVINDAPURAM.** ## **15. M.VINODKUMAR, S/O. -DO-** ## **16. M.MAHILAMANI, D/O -DO-** ## **17. BABURAJ, S/O. -DO-** **18. SMITHA, D/O. -DO-** ## **19. CHITHRA, D/O.RAJAMANI.** ## **20. M.MANOJKUMAR, S/O. -DO-** ## **21. RADHA AMMA, W/O.RAJAGOPALAN NAIR.** ## **22. RAJI, D/O.RAJAGOPALAN NAIR** ## **23. LAKSHMI, D/O.RAJAGOPALAN NAIR.** **...3/-** ## **CRP.No. 159 of 2002 ( )** ## **24. M.PUSHPAVALLY, D/O.RAJAMANI.** ## **25. M.MINI, D/O.RAJAMANI.** **(ALL ARE THE RESPONDENTS RESIDING AT NELLIKODE VILLAGE IN KOZHIKODE TALUK).** ## ***ADDL.26 IMPLEADED** - ***26. STATE OF KERALA,** **REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM.** ## ***ADDL. R26 IS IMPLEADED AS PER ORDER IN I.A. NO. 2620/2012 DATED** **30/10/2012.** **R1 TO R6 & R21 TO R23 BY ADVS. SRI.M.V.BOSE** **SRI.VINOD MADHAVAN R8 & R9 BY ADV. SRI.K.P.BALASUBRAMANYAN** **R10 TO R20, R24 & R25 BY ADVS. SRI.K.I.MAYANKUTTY MATHER** **SRI.V.V.ASOKAN** **BY ADV. SMT.S.AMINA** **THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 30-10-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:** **Mn** ## K.VINOD CHANDRAN,J ------------------------------------C.R.P. NO. 159 of 2002 -------------------------------------- Dated this the 30[th] day of October, 2012. ## **O R D E R** Kuttiraman Nair by a registered Kanam demise of 27/2/1881 obtained possession of 63 cents of property from one Unnichathan Nair. By a registered Will dated 19/2/1909 he, bequeathed the said properties, in favour of his wife and children and the children born or to be born in the female line. The family of Kuttiraman Nair followed Marumakkathayam law and the Will was in consonance with the said branch of law conferring rights over the property in the female line. Krishnan Nair's wife was Ammalu Amma and in that marriage were born, Achuthan Nair, Narayani Amma, Kuttimalu Amma, Krishnan Nair and Kalliani Amma. 2. Achuthan Nair, the eldest son, died in the year 1950. His children, respondents 1 to 6, approached the Land Tribunal, Kozhikode for assignment of the said lands based on the tenancy created in favour of Kuttiraman Nair. The other parties in the above revision who were the children of Narayani, Kuttimalu and Krishnan Nair appeared before the Land Tribunal and impleaded C.R.P. NO. 159 of 2002 2 themselves as the supplemental respondents/cultivating tenants. The Land Tribunal directed issuance of Purchase Certificate in the name of Chandramathi Amma, daughter of Achuthan Nair, Gangadharan Nair, son of Narayani Amma, Janardhanan Nair, son of Kuttimalu Amma and Rema Devi, daughter of Krishnan Nair. The revision petitioners herein, who were the children of Naryarani Amma and Kuttimalu Amma, filed an appeal before the Appellate Authority contending that as per the Will, the property would inure only in the female line and the children of Achuthan Nair or Krishnan Nair cannot claim issuance of Purchase Certificate in their name; they being children of the male members of the family. 3. The Appellate Authority (Land Reforms), Kannur, having examined the matter in detail found, that, since Achuthan Nair died in the year 1950 before the Hindu Succession Act, 1956 came into effect, his share in the property would revert back to the tarwad and his wife and children could not raise any claim to the said properties. The appeal filed by the revision petitioners herein, numbered as A.A. No. 24/99, was allowed on the above C.R.P. NO. 159 of 2002 3 finding and the order of the Land Tribunal was set aside. A similar appeal filed by the descendants of Kuttimalu Amma was also numbered as A.A. No. 11/99 and on the very same day, an identical order was passed. 4. Against the singular suo-motu proceedings before the Land Tribunal, two appeals were filed by different parties. Identical orders were passed in both the appeals, but by separate orders. The appellants in one of the appeals viz., A.A. No. 24/99 have chosen to file the above Civil Revision Petition challenging both the orders of the Appellate Authority. This Court has in _**Velamma Muthamma v. Krishnaswamy Naidu Muthu Pillai Naidu**_ **, 1953 KLT 75** and _**Kesavan v. Lekshmy Amma**_ **, AIR 1968, Kerala 154** held that when more than one decree is drawn up in a first appeal from a solitary decree of the trial court; by reason of more than one appeal being filed; then only one second appeal need be filed against the first appellate decree. The revision petitioners herein have also paid Court fees of `20 /- since, the challenge is against two orders. Hence the challenge herein can be successfully maintained against both the C.R.P. NO. 159 of 2002 4 orders in a single revision, more so since, the petitioners have made payment of double Court fees. 5. The revision petitioners herein are aggrieved by the fact that, the Appellate Authority merely set aside the order of the Land Tribunal rejecting the claim of the children of Achuthan Nair. It is the contention of the revision petitioners that, on setting aside the order, for reason of the children of Achuthan Nair being not entitled to claim under the Kerala Land Reforms Act, 1963 as a cultivating tenant, the Appellate Authority ought to have either remanded the matter to the Land Tribunal or ought to have directed issuance of Purchase Certificate in the name of the persons who are entitled to claim under the KLR Act as cultivating tenants. None of the other parties have preferred an appeal against the orders of the Appellate Authority. Even the appellants in A.A. No.11/99 have not chosen to file an appeal before this Court. However, the orders passed in the revision petition would inure to the benefit of those appellants also. In such circumstances, the orders in A.A. No. 11/99 and A.A. No. 24/99 are confirmed to the extent it finds the children of C.R.P. NO. 159 of 2002 5 Achuthan Nair to be not entitled to claim tenancy under the KLR Act. However, for consideration of issuance of Purchase Certificate to those persons who are entitled to claim tenancy under the KLR Act, the matter is remanded back to the Land Tribunal, Kozhikode, who shall restore SMC. 34/78 and shall deal with the same in accordance with law as provided under the KLR Act. The findings of the Appellate Authority with respect to the claim of the children of Achuthan Nair shall be binding on the Land Tribunal, Kozhikode. The Civil Revision Petition hence, is allowed and the matter is remanded for the limited purpose of consideration of issuance of Purchase Certificate. The Land Tribunal, Kozhikode, shall take up the matter and dispose of the same in accordance with law and taking into consideration, the Will executed by the said Krishnan Nair. ## **K. VINOD CHANDRAN JUDGE** ## _**LSN**_