It is conceded that the property covered by the proceedings in S.M.No.43/2002 on the file of the Land Tribunal is the subject matter of a suit for partition. The suit for partition arising from O.S.No.112/2004 on the file of the court of the Munsiff of Manjeri is pending in appeal in A.S.No.80/2012 on the file of the court of the District Judge of Manjeri. The entire issues are at large in the Appeal Suit wherein the question of title urged by the parties can be gone into. 2. It is not a case where the revision petitioner claims tenancy under the first respondent or vice versa in which case only a reference to the Land Tribunal under Section 125(3) of the Kerala Land Reforms Act, 1963 is warranted. The revision petitioner and the respondent sets up independent title which can as well be gone into in the partition suit pending in appeal. The court of the District Judge is well empowered to remand the suit to the trial court if it finds that sufficient opportunity have not been CRP (LR) No.485 of 2013 2 afforded to the parties to substantiate their contentions.
3. The question whether the first respondent is bound by the purchase certificate allegedly obtained by the revision petitioner earlier can also be gone into by the Civil Court. There is no necessity to pursue the proceedings before the Land Tribunal in the circumstances and the proceedings in S.M.No.43/2002 are hereby terminated. The finding in the orders of the Land Tribunal and the Appellate Authority are hereby vacated leaving open the question of title to be considered by the civil court where the suit for partition is pending.
The Civil Revision Petition (Land Reforms) is disposed of. The Registry shall forward a copy of this order to the court of the District Judge of Manjeri.
Sd/- V.CHITAMBARESH, Judge.
nj.