Kerala High Court
S.Umaiban vs Ummerkannu Rawther on 24 March, 2010
Author: S.S.Satheesachandran
Bench: S.S.Satheesachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 2225 of 2001()
1. S.UMAIBAN
... Petitioner
Vs
1. UMMERKANNU RAWTHER
... Respondent
For Petitioner :SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL)
For Respondent :SRI.S.V.BALAKRISHNA IYER (SR.)
The Hon'ble MR. Justice S.S.SATHEESACHANDRAN
Dated :24/03/2010
O R D E R
S.S.SATHEESACHANDRAN, J.
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C.R.P.NO.2225 OF 2001 ()
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Dated this the 24th day of March, 2010
O R D E R
The revision is filed by the landlords challenging the order passed by the Appellate Authority (LR), Thiruvananthapuram dismissing the appeals preferred against the orders passed by the Land Tribunal, Kollam assigning the tenancy rights over the land covered by the proceedings to various tenants. Several appeals were preferred by the landlords against the orders of the Land Tribunal and all of them after being considered together were disposed under a common order. The Appellate Authority has found that the appeal preferred is bad for non-joinder of necessary parties. The present revision is preferred against the respondents, the legal heirs of one among the applicants in whose favour assignment of tenancy right was ordered by the Land Tribunal. Strangely, it is seen that in the memorandum of revision, common grounds of attack against the decision CRP.2225/01 2 rendered in the common judgment in respect of all tenants is sought to be impeached by the landlords. The revision is filed against the decision rendered in all the appeals by the Appellate Authority. However, the applicants in the proceedings covered by the other appeals are not made parties in the revision. When that be the case, the revision is not entertainable, and on that ground, it is liable to be dismissed. Revision is accordingly dismissed.
S.S.SATHEESACHANDRAN JUDGE prp S.S.SATHEESACHANDRAN, J.
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C.R.P.NO.2225 OF 2001 ()
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O R D E R
24th day of March, 2010
CRP.2225/01 4