CHEERANTHOODIKA AHMMEDKUTTY Vs. PARAMBUR MARIAKUTTY UMMA

JUDGEMENT

(1.) Though the appellants in these two appeals are two different persons it would be advantageous to dispose of these two appeals together by a common judgment, on account of a common factor involving in both cases.

(2.) When Kerala Land Reforms Act, 1963 came into force there was prohibition in holding land in excess of the ceiling limit fixed thereunder. Taluk Land Board is one of the authorities under the Act to fix the area of the land in possession of landholders. One Moosakutty Haji made a declaration of the various lands in his possession. (His widow is arrayed as respondent No. 1 in these appeals since Moosakutty Haji had died). The Taluk Land Board found that the said Haji had 877.500 acres of land and on its premise determined that the excess land in his possession (beyond the ceiling limit) was 788.72 acres. Moosakutty Haji was directed to surrender the said excess land.

(3.) While so, the appellants in Civil Appeal No. 3067 of 1997 (the office bearers of Vallambram Juma Masjid) put-forth a claim that an area of 682.500 acres of land in Survey No. 629 of Wandoor Amsan was erroneously recorded as the land in the possession of the said Moosakutty Haji. According to the appellants, the said land was leased by the landowner to other persons long before the commencement of the Act and in 1984 the land Tribunal, Wandoor had granted Certificate of purchase as per S. 72-K of the Act to the tenants thereof. The tenants have gifted the said land to the aforementioned Juma Masjid as per registered documents executed in 1986. Appellants, therefore, contended that the said area should be de-linked from the account of Moosakutty Haji.