UNNEEMA Vs. CHERIYAMU HAJI

JUDGEMENT

(1.) Through Ext. P5 order, the Court below has chosen to refer the question of tenancy in respect of property being claimed by the 9th defendant, to the Land Tribunal under S.125(3) of the Kerala Land Reforms Act, 1963. The said order is under challenge.

(2.) The 8th defendant as well as the 9th defendant has pleaded tenancy in respect of the properties allotted to them through partition deed No. 3470/1982. Originally, they claimed that the said properties covered by the partition deed were the subject - matter of an oral lease in favour of their father, late Cholayil Marakkar. After the death of Cholayil Marakkar, the 8th and 9th defendants along with other legal heirs executed partition deed No. 3470/1982 in respect of the properties.

(3.) Subsequently, the 8th defendant obtained purchase certificate from the Land Tribunal in respect of the 1 acre and 56 cents of property allotted to him through the said partition deed. Through the very same partition deed, item No. 2 property having an extent of 1.25 acres was allotted to the 9th defendant. The 9th defendant had never approached the Land Tribunal for purchase certificate.