HABEEB Vs. LATHIEF

JUDGEMENT

(1.) The first respondent filed an application, O.A. No. 825 of 1978 against the petitioner under S.80B of the Kerala Land Reforms Act, 1963 for purchase of kudikidappa rights. The application was opposed by the petitioner. After due trial, the application was dismissed by the order, Ext. P1 dated 30th July, 1979. Long afterwards the first respondent filed an appeal against this order before the Appellate Authority (Land Reforms), Alleppey, the 3rd respondent herein en 24-7-1985. The appeal was thus filed almost six years after the date of the eider of the Land Tribunal. There was therefore a petition for condonation of delay supported by an affidavit, a copy of which is Ext. P2.

(2.) The application for condonation was opposed by the petitioner by filing a counter statement, Ext. P3 in which the various allegations made by the first respondent were traversed. The application for condonation of delay was heard on 16-10-1985 and an order is stated to have been passed on 29-10-1985 condoning the delay. The appeal itself was thereafter posted for hearing on 12-11-1985 and it was disposed of by the order Ext. P4 on 9-12-1985 allowing the appeal and remanding the matter for fresh disposal to the Land Tribunal.

(3.) The petitioner had meanwhile applied for a copy of the order dated 29-10-1985. But it is stated that till this date the copy has not been furnished to him. The petitioner's case is that there was absolutely no ground for condonation of the delay and that the appellate authority namely the 3rd respondent had not applied its mind to the facts of the case relating to the condonation application.