VENKITESWARA NAIDU Vs. TALUK LAND BOARD

JUDGEMENT

(1.) These revision petitions are filed against the dismissal by the Land Board of two separate applications filed under S.85(8) of Kerala Act 1 of 1964 (for short the 'Act'). These applications were presented within two months of the revised final order passed against the declarant who is the fourth respondent in C. R. P. 2193 of 1979. In the two applications, the applicants set up tenancy rights over two different items of properties. The revision petitioners in C. R. P. No. 2193 of 1979 who are brother and sister, claimed to be in possession of 28.06 acres as heirs of the lessee under a lease granted by the fourth respondent. They claimed to have orally divided the property in 1969 and entered into a registered partition deed in 1971. The Land Board dismissed the application on rejecting their claim of tenancy. Revision petitioner in C. R. P. 2105 of 1979 claimed tenancy in regard to various items including 75 cents in Sy. No. 1699, under a pattachit of 1116; for all these items he obtained a purchase certificate from the Land Tribunal in July 1976. His application under S.85(8) of the Act was also dismissed by the Land Board on rejecting his claim. The two applications under S.85(8) were dismissed after recording definite findings against the tenancy and right set up.

(2.) S.85(8) of the Act states that where the extent of land to be surrendered is determined without hearing any person interested, such a person may within 60 days from the date of such determination apply to the Taluk Land Board to set aside the order and on being satisfied that he was so prevented by sufficient cause from appearing, the Taluk Land Board shall set aside the order and proceed under sub-s.(5) or sub-s.(7) as the case may be. In order that the Taluk Land Board should set aside the final order passed under clause (5) or clause (7) of S.85 of the Act, it must be satisfied regarding three conditions, namely, that the applicant is a person interested, that he has filed the application within 60 days from the date of the final order and that he was prevented by sufficient cause from appearing before the Taluk Land Board prior to the final order. If these three conditions are satisfied the Taluk Land Board has to set aside its earlier final order and proceed in accordance with sub-s.(5) or sub-s.(7) of S.85.

(3.) The right to move the Land Board under S.85(8) is conferred on a person interested. It is contended by learned Government Pleader that "person interested" means a person who is able to establish a right in the property involved in the case and if that be so, before allowing the application under S.85(8), Land Board has to record a definite finding whether the applicant has established or failed to establish the right claimed. Learned counsel for revision petitioners on the other hand contended that if a claimant establishes a prima facie case he has to be treated as a "person interested" and therefore a conclusive or definite finding regarding existence or otherwise of the right claimed is not called for at that stage. If the legislative intent was as expressed by learned Govt. Pleader, the Legislature could have used other expressions such as "person having right" or "person having title" or "person holding property" etc; the legislature did not use those expressions but preferred to use the expression person interested. The deliberate use of such an expression cannot be said to be without any significance. A person interested is a person having some interest in the proceedings. A person could have interest in the proceedings only if he has interest in the land involved in the proceedings. According to Oxford English Dictionary, "interest" means relationship of being objectively concerned in something, by having a right or title or a claim upon or share or legal concern in something. "Interested" means having such a relationship or concern. For the purpose of S.85(8) it is sufficient if the applicant satisfies the Board that he is a person interested in the land. He may have lawful title or right in the land; but that need not be established at that stage. It is sufficient if be shows that he has a claim upon or legal concern in the land.