MANKUTHEL THOMAS Vs. TALUK LAND BOARD ERNAD

JUDGEMENT

(1.) The petitioners, whose claim under Section 85(8) of the Kerala Land Reforms Act(hereinafter referred to as 'the Act') in CR 606/77 was dismissed by the Taluk Land Board, Ernad vide order dated 03.09.2010, have come up in revision.

(2.) The 2nd petitioner is the wife of the first petitioner. According to them, they have acquired two Acres of property in total. The first petitioner is the title holder in respect of one Acre of property in R.S. 6/1 of the Uramgattiri Village (presently, Vettilapara Village) and 65 cents in R.S. 6/2 of the said Village through document No. 1986/88 of the Areekkode Sub Registry. The 2nd petitioner has acquired 35 cents of property in R.S. 6/2 of the said Village through document No. 1985/98 of the said Sub Registry. They have purchased the said properties from Olattupurath Chackochan.

(3.) According to the petitioners, originally the total extent of 7.50 Acres of land in Sy. No. 6/1 belonged to one Kalluvettukuzhi Alikutty. Palakil Joseph took the said land on lease in R.S. 6/1 from the said Alikutty. Thereafter, Palakil Joseph obtained purchase certificate No. 1393/77 in respect of the property from the Land Tribunal, Areekkode. Thereafter, the said Palakil Joseph assigned 1.50 cents of land in Ry. S. No. 6/1 to one Jincy Joseph as per document No. 2781/88, another extent of 1.50 cents in the said survey in favour of Mary Joseph through document No. 2688/89 and another 1.50 cents in the said survey number in favour of Reji Joseph through document No. 2780/88 of the said Sub Registry, thereby he has transferred a total extent of 4.50 Acres out of the said property. The said three assignees, sold the said 4.50 Acres in Ry. S.6/1 to Chengal Nalakath Sahida through document No. 872/95 of the said Sub Registry.