ANDIYAN VALAPPIL MUHAMMED HAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The Taluk Land Board, Taliparamba, after having due enquiry, has issued an order dated 21.10.1993 in TLB.No.994/73/TBA directing the legal heirs of the declarant, Sri.P.P.Amsakutty to surrender the excess land of 23.52 acres of the assesee specifying the survey numbers, village, extent and classification, which was held by the assesee in excess of the ceiling limit. Several claim petitions were moved over the land fixed as excess land for surrender from the assesee by third parties claiming independent possession and enjoyment under valid transfers effected over the land earlier in point of time, contending that the lands in their possession are to be exempted. Petitioners in both these revisions are some of the claimants who have moved Form VI applications before the Taluk Land Board.

(2.) The revision petitioner in C.R.P.No.849 of 2008 has moved an application claiming right over 1.17 acres of land in R.S.No.77/4A of Narath amsom/desom. The Taluk Land Board had fixed an extent of 1.62 acres from the above survey number for surrender by the assesee as part of the excess land. The above revision petitioner contended that he has enjoyment of possession of the above said 1.17 acres of the land under two valid assignment deeds of the years 1975 and 1976. It was the further case of the revision petitioner that the property originally belonged to Makreri Devaswom jenmom, from which his transferor had obtained right, title, possession and enjoyment under the assignment deed of the year 1973. It was his case that the transferor, his predecessor in interest had been issued a purchase certificate over the land by the Land Tribunal recognising his status as a cultivating tenant entitled to fixity of tenure by the Land Tribunal. He also produced a copy of the purchase certificate and tax receipts to substantiate his claim.

(3.) The revision petitioners in C.R.P.No.851 of 2008 were two other claimants who too put forward claims over some lands fixed as excess land to be surrendered by the assesee. The 1st petitioner in the above revision, Sri.Kuttikattukunnel Abraham claimed that he is in possession of 2.40 acres in R.S.No.21/5, 0.72 acres in R.S.No.21/9, 0.44 acres in R.S.No.21/10, 0.27 acres in R.S.No.21/11 and 0.40 ares in R.S.No.21/12 of Sreekandapuram desom under a registered sale deed executed in the year 1993 by one Smt.Peedikaparambath Puthiya Purayil Mariyakutty Umma and eight others claiming that he has purchased the property for valuable consideration. He sought for exemption of such land from the excess area fixed for surrender by the assesee. The 2nd petitioner in the above revision Smt.Kuttikattukunnel Shali in her application claimed right over 3.56 acres of land in R.S.No.20/2 of Sreekandapuram amsom and desom under a sale deed of the year 1993 executed by Smt.Peedikaparambath Puthiya Purayil Mariyakutty Umma and eight others alleging that the village authorities are proceeding to take possession of 0.17 acres from her possession as the excess land ordered to be surrendered by the assesee. She claimed that the land in her possession is distinct and different and it is not liable to be resumed or taken possession as excess land due form the assesee.