M. YAMUNA Vs. A.V. HANSLY

JUDGEMENT

(1.) Does the Kerala Land Reforms Act, 1963 (the 'Act' for short) envisage a certificate of purchase to the holder of a Karaima The issue arises in this Civil Revision Petition filed by the land owner under Section 103 of the Act against the concurrent orders of the authorities.

(2.) Section 2(23A) of the Act as it stood prior to substitution by Act 21 of 1999 defines 'Karaima' as under:-"(23A) 'Karaima' means a transfer of lands situate in the Kozhikode district or in the Ponnani taluk of the Malappuram district, in consideration of ground rent, principally for the purpose of erecting a homestead, and described as karaima in the documents, if any, evidencing the transfer; Explanation.- For the purpose of this clause, so much of the land appurtenant to the land under the Karaima belonging to the landlord or any person claiming through him and in the possession and beneficial enjoyment of the Karaima holder or his legal representative or any other person claiming through him as on the 24th day of January, 1989 shall, subject to a maximum of three cents in Corporation area, five cents in Municipal area and ten cents in Panchayat area, inclusive of the land under the Karaima, be deemed to be Karaima: Provided that where the extent of the land appurtenant in the possession and beneficial enjoyment is in excess of the extent specified above as on the 24th day of January, 1989, such land shall also be deemed to be Karaima". <BLOCKQUOTE>

(3.) Section 2(57) of the Act defines a 'tenant' and includes the holder of a Karaima as under:-