KUNHALAN HAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) Revision arises from the order of the Taluk Land Board, Tirur, in C.R.No.251/73/C6 dated 31-5-1988. Petitioners, three in number are applicants in the petition Submitted under S.85(8) of the Land Reforms Act. Ceiling proceedings had been initiated against the 4th respondent, the declarant who was directed to surrender 4.33 acres of land. First petitioner claimed to be in possession of 67 cents of land in R.S. 136/1 of Kattiparuthy Village as per assignment dated 10-5-1971 executed by the 4th respondent. Second petitioner claimed to be in possession of an area of 1.40 acres in the same survey number. His father is alleged to have been in possession as a tenant whose rights devolved on second petitioner and others who had obtained purchase certificate from the Land Tribunal. Third petitioner also claims to be in possession of a property wherein a Lower Primary School stands. That property is alleged to have been taken assignment of by one Mohamed Musaliar from 4th respondent in 1961 from whom the third petitioner is alleged to have obtained an assignment. Purchase certificate is stated to have been issued to Mohamed Musaliar from Land Tribunal, Kuttippuram.

(2.) The Taluk Land Board rejected the application for the reason that the property claimed by the first petitioner was not taken possession of by the authorities and that the claims of the other two petitioners are inordinately delayed. Aggrieved by that order the applicants have come up in revision.

(3.) When the matter came up before a learned single. Judge it was felt that there is a conflict between the decision rendered in C.R.P.Nos. 834 and 1743/79 reported in 1981 KLT Short Notes 85 - Sunny v. Taluk Land Board and two other decisions reported in 1988 (1) KLT 350 - Malathi Amma v. Taluk Land Board and 1989 (2) KLT 806 -Sundamn v. State of Kerala. The case was therefore adjourned for being heard by a Bench of two Judges. That is how the matter has come before us.