The certificates of purchase granted in SMC.Nos.163/1985 and 164/1985 by the Land Tribunal have been set aside in A.A.Nos.23/2004 and 25/2004 by the Appellate Authority and the case remanded. It is conceded by both sides that the property covered by SMC Nos.163/1985 and 164/1985 is the subject matter of OS.No.359/2013 on the file of the court of the Subordinate Judge of Kozhikode. The said suit is one for recovery of possession of the property wherein the contesting parties herein are also impleaded. It is also reported that a major portion of the property has already been acquired for Cyber Park Project and LAR.Nos.86/2011 and 199/2013 for apportionment of compensation are pending. 2. The title to the property will be considered by the court of the Subordinate Judge in OS.No.359/2013 dependent on which the Land Acquisition References would be disposed of. The proceedings for grant of certificate of purchase is an exercise in futility when the entire issues are at large in the court of the Subordinate Judge. It is a case where there is a rival claim of tenancy over the property and not a case where one party is claiming tenancy under the other. Therefore no question of reference to the Land Tribunal under Section 125(3) of the Kerala Land Reforms Act, 1963 also arises.
3. Interest of justice would be met by terminating the proceedings for issue of certificates of purchase in SMC Nos. 163/1985 and 164/1985 before the Land Tribunal. All the finding and observations in the orders of the Land Tribunal and the Appellate Authority are hereby vacated. It is clarified that the entire issues are at large in O.S.No.359/2013 wherein the issue of title (including tenancy) will be considered and the proceedings taken to a logical end. Needless to say that the compensation will be awarded to the successful litigant in O.S.No.359/2013 with reference to the identity of the property.
4. The court of the Subordinate Judge of Kozhikode is directed to dispose of O.S.No.359/2013 on its file before the court closes for Christmas recess in the year 2014.
The Civil Revision Petitions are disposed of.
No costs.
nj.
Sd/- V.CHITAMBARESH, Judge.