EMOOR BHAGAVATHY DEVASWOM Vs. CHAIRMAN, TALUK LAND BAORD

JUDGEMENT

(1.) The petitioner is the Emoor Bhagavathy Devaswom at Palakkad and they claim that they are in ownership of 694.32 acres comprised of certain survey numbers in the Malampuzha Village.

(2.) The specific assertion of the petitioner is that the Devaswom earlier had 1000 acres in their ownership, which, after the processes under the Kerala Private Forest (Vesting and Assignment) Act, 1971, was attenuated to the aforementioned 694.32 acres.

(3.) It appears that certain extents of this area had been claimed under tenancy by various persons, one among them being the second respondent herein. The Devaswom is seen to have, therefore, filed a suit, numbered as O.S.No.94/2001 before the Sub Court, Palakkad, seeking a decree for recovery of possession of the property against the second respondent herein as the defendant, who defended it by claiming fixity of tenure under the provisions of the Kerala Land Reforms Act, 196 We also see that there were various other suits, virtually filed as cross suits and cross proceedings and that finally the Sub Judge, Palakkad disposed of the matters granting decree in favour of the Devaswom as prayed for by them, which, when challenged before the District Judge, Palakkad, was modified, awarding a decree for realisation of the value of improvements in favour of the various defendants including the second respondent herein. We see that Ext.P1 is the judgment of the District Court, Palakkad in the appeal and we are told that a second appeal, numbered as R.S.A.No.520/2012 and connected matters, are pending before this Court against the said judgment of the District Court.