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1972 DIGILAW 266 (KER)

CHACKIBHAVANI v. PARVATHI VILASINI

1972-11-01

E.K.MOIDU

body1972
Judgment :- 1. This is a revision petition under S.115 CPC. against an interlocutory order passed by the Land Tribunal, Alleppy dismissing a petition for issuing a commission to inspect other lands of the petitioner to ascertain the extent of those lands which are required to be established for the purpose of showing whether the person is a kudikidappukaran or not. It is contended on behalf of the respondent that the revision under S.115 CPC. is not maintainable as the Land Tribunal is not a court. There is clear distinction made between a civil court and a Land Tribunal under the Act. It is however contended that under S.125 (6) of the Act the provision is that "the decision of the Land Tribunal on the question referred to it shall for the purpose of appeal be deemed to be part of the finding of the civil court" and that therefore the petitioner has the right of revision under S.115 CPC. The above subsection at best affords an opportunity to the petitioner to file an appeal on a final order passed by the Civil Court on the basis of the finding by the Land Tribunal. That does not follow that this Court can exercise jurisdiction under S.115 on an order passed in the interlocutory application. The Land Tribunal or the Land Board is certainly not a court subordinate to the High Court and S.115 of the CPC. has no application in the instant case. So the revision petition is only to be dismissed. 2. The learned counsel of the petitioner wants to file a writ under Art.227 of the Constitution of India. If he is so advised he will file such a writ within a week from this date, in which case he can maintain that writ untrammelled by the observations made in this petition. Petition is rejected.