SUBRAMANIYA IYER Vs. TALUK LAND BOARD

JUDGEMENT

(1.) There is no power under the Kerala Land Reforms Act, 1963 enabling the Taluk Land Board to implead a stranger. Power is specifically conferred under R.92(3) of the Kerala Land Reforms (Tenancy) Rules, 1970 to implead certain persons. They are the legal representatives of a deceased party in a proceeding pending before the Board.

(2.) Ext. P2 was made at the instance of the second respondent who informed the Board that he had information in his possession to refute the declaration made by the appellant. No person having information can by reason of that fact alone claim the right to be impleaded. The Taluk Land Board through its Authorised Officer has sufficient power to collect information from persons (see S.105 and R.138 to 141). It is open to the second respondent to make the facts which he claims to have in his possession available to the Authorised Officer to make use of them in the manner provided under these rules. But for a stranger to claim the right to be impleaded, or for the Board to implead such a person, is beyond the scope of the relevant provisions of the Act and the Rules. In the circumstances we set aside the judgment under appeal and quash Ext. P2. The appeal is allowed in the above terms. No costs.