MARIAMMA THOMAS Vs. RAZIYA IQBAL

JUDGEMENT

(1.) This appeal arises from the judgment of the learned single Judge in W.P.(C).No.25180 of 2007.

(2.) The deceased husband of the first respondent owned 6.90 acres of land in Survey No.3/1 of Manakunnam Village. In a proceedings under the Kerala Land Reforms Act, where he was the declarant, an order directing to surrender 4.74 acres was passed and the declarant was allowed to retain the remaining 2.16 acres. The case of the appellant is that, of the 2.16 acres, 1.26 acres and 'virivu' were sold to her by a sale deed executed on 30.04.1985. It is also stated that 90 cents were also assigned to one C.K.Premachandran, on 30.04.1985 itself.

(3.) Subsequently, by Ext.P1 order in C.R.P.No.1168 of 1984, the declarant was held entitled to resume 74 cents of land out of the 4.75 acres surrendered by him. The land was not resumed and restored to the possession of the declarant or his legal heirs and finally, by Ext.P9, it was reported that the 74 cents is in the possession of the appellant herein. This led to initiation of proceedings under the Kerala Land Conservancy Act, which was challenged by the appellant in a writ petition before this Court. An interim order was passed, staying further proceedings against the property purchased by the appellant on 30.04.1985. That order was challenged in appeal and the appeal and the writ petition were heard together and were disposed of by Ext.P13 judgment wherein this Court directed the District Collector to pass final order in the matter and ordered that status quo shall be maintained in the meanwhile.