BALARAMA IYER AND ANOTHER Vs. KRISHNAN

JUDGEMENT

(1.) THIS C.R.P. is directed against the judgment of the Additional Subordinate Judge of Palghat in C.M.A. No. 47 of 1965. The petitioners in the C.R.P. were the respondents in the C.M.A. The C.M.A. was filed by the respondent before us. It challenged the correctness of the fixation of fair rent by the Land Tribunal, Palghat, under Section 31 of the Kerala Land Reforms Act, 1963. The fixation was in pursuance of his application, O.A. No. 813 of 1962, which had been renumbered as Application No. 307 of 1964.

(2.) THE C.M.A. was filed under Section 102 of the Act. Sub -section (1) of that section, in so far as it is material for the purpose of this case, reads as follows: -

(3.) SECTION 102 makes it clear that the appellate jurisdiction is conferred not on any court but on a persona designate. A persona designate, as the phrase implies, is a person pointed out or described as an individual, as opposed to a person ascertained as a member of a class, or as filling a particular character. But this does not mean that a persona designate cannot be designated in terms of his office. A person can be described in many ways, and it is not uncommon in Indian legislation to designate a person in terms of the office he occupies.