If A Claim Of Tenancy Appears To Be Prima Facie Baseless, Civil Court Can Refuse Reference To Land Tribunal: Kerala High Court

Case: Annamma & Ors v. P.V. Varkey & Ors.
Coram: Justice A. Badharudeen
Case No.: OP(C) NO. 2024 OF 2021
Court Observation:
It was held that a civil court is only bound to refer a tenancy matter to the Land Tribunal if it finds sufficient force in the contention raised by the parties. It was stated that “Courts have the power to decide whether the claim made in the written statement requires adjudication having regard to the frame of the suit, contentions in the written statement and also the claim of tenancy is having sustenance, prima facie.”

The court said- “…simply because a contention was raised in the written statement, there is no necessity for the court to refer the same and the courts have the power to decide whether the claim made in the written statement requires adjudication having regard to the frame of the suit, contentions in the written statement and also the claim of tenancy is having sustenance, prima facie.”

The court observed that “It is true that the Civil Courts cannot decide the question of a tenancy. However, the Civil Courts can decide the genuineness of the claim to avoid reference of the claim for a tenancy without considering its merits, as observed above.”

If A Claim Of Tenancy Appears To Be Prima Facie Baseless, Civil Court Can Refuse Reference To Land Tribunal: Kerala High Court