MATHAI JOHN Vs. KATHIRKUTTY

JUDGEMENT

(1.) The property in question belonged to one Kathirkutty. The said Kathirkutty had filed an application O.A. 356/63, before the Lard Tribunal, Moovattupuzha, under S.16 and 17 of the Kerala Land Reforms Act for resumption of land for personal cultivation from the respondents herein. Kathirkutty died during the pendency of the proceedings before the Land Tribunal. In the meantime Kathirkutty had transferred his interests in the property to the respondents herein, as is seen from the gift deed, dated 17-1-1967 (Ext.A2). On the death of Kathirkutty, the respondents filed IA No. 52/67 in OA 356/65 seeking an order impleading them as the additional applicants enabling them to prosecute the proceedings, OA. 356/65. The said application was opposed by the petitioner. Some of the contentions raised by the petitioner are. that the gift deed is not valid, that the petitioners are not the legal heirs of the deceased applicant and that the right of resumption under S.16, 17 is a personal right and hence the same will not survive even to legal representatives. After considering the various aspects of these contentions the Land Tribunal held thus:

(2.) The Land Tribunal dismissed the petition. The petitioners there-upon filed an appeal before the Appellate Authority. The Appellate Authority allowed the appeal and remanded the matter for fresh disposal. The Land Tribunal, after considering the various contentions raised by the parties allowed the application. The said order was challenged before this Court, as is seen from OP 2020 of 1974.

(3.) This court disposed of the Original Petition entering the following findings: