LAKSHMI BAI Vs. TALUK LAND BOARD

JUDGEMENT

(1.) By the impugned order the Land Board held that the claim of tenancy set up by the revision petitioner on the strength of a certificate of purchase was inadmissible. Counsel for the petitioner submits that this finding is contrary to the principle stated by the Supreme Court in Mathew v. Taluk Land Board, 1979 KLT 601 . The Supreme Court stated that the evidentiary value of certificate of purchase could not be disregarded except where it was inaccurate on its face or obtained by fraud. This is what the court stated:

(2.) In the present case the purchase certificate had been issued in respect of 6.30 acres including an area of 2.48 acres in question in August, 1976 This certificate was held to be fraudulent for two reasons: (1) it was applied for only in February, 1976 and not earlier; and (2) the authorised officer's enquiry revealed that the petitioner was not in possession of this land before 1-1-1970.

(3.) As regards the finding that the purchase certificate was applied for and obtained only in 1976, counsel for the petitioner rightly points out that there was no delay because the statute allowed time till 31st March, 1976 to seek purchase certificate. There is therefore no delay on the part of the petitioner in seeking the certificate and the fact that it was sought only in February, 1976 is not a relevant ground to hold that it was fraudulently obtained.