RAMACHANDRAN NAIR Vs. MADHAVIKUTTY AMMA

JUDGEMENT

(1.) This Revision is filed against the order passed by the Land Reforms Appellate Authority dismissing applications for condoning the delay of 11161 days in filing the appeals by the revision Petitioner.

(2.) In this Revision, the Petitioner contends that the orders passed by the Land Tribunal in the suo motu proceedings initiated in favour of the first Respondent in the Revision are not binding on the Petitioner on the ground of fraud. It Is contended that when fraud is established, the delay in filing the appeal would be irrelevant. The contesting Respondents dispute the case of fraud set up by the revision Petitioner. They also contend that the plea of fraud raised by the Revision Petitioner, to get over res judicata, is barred by res judicata.

(3.) An extent of 2.41 acres of land in Ramanattukara Village, which is a garden land and which consists of buildings, belonged to Achuthan Nair, who died on 3.3.1960. Achuthan Nair had a sister, Lakshmi Amma. Lakshmi Amma is no more. Her husband Gopalan Nair also died. The revision Petitioner is one among the children of Lakshmi Amma and Gopalan Nair. The property was acquired by Achuthan Nair as per registered assignment deed dated 17.8.1935. That assignment was made by a person who had tenancy right in the property. The landowner was Abdullakutty Haji.