IYPE JOSEPH Vs. ASST COLLECTOR

JUDGEMENT

(1.) AN extent of 62. 32 acres of land in Sy. Nos. 70/5, 71/2, 72/3 and 53/2a of Muvattupuzha Village has been the subject of litigation, civil and criminal, since 1108 M. E. The contest was between Varkey Varkey and Iype Joseph on one side, and Ittiavirah Mathai, on the other. Varkey Varkey and Iype Joseph filed a suit in the year 1116 M. E for recovery of possession of the property from Ittiavirah Mathai. The High Court of Travancore-Cochin, by decision dated 6-4-1955 in A. S. No. 721 of 1951, passed a decree for possession of the lands subject to payment of value of the improvements effected by the defendant.

(2.) VARKEY VARKEY and Ittiavirah Mathai are now dead. VARKEY " VARKEY's heir is his son Mani VARKEY, the second petitioner. Ittiavirah Mathai's children are Mathai Mathai and Mathai John.

(3.) VARKEY VARKEY and Iype Joseph had filed statements under S. 85 (2) of the Kerala Land Reforms Act, 1963, (the Act, for short)including their share in the 62. 32 acres of land as part of their holdings, and opting to surrender portions thereof for the excess surrenderable area. The taluk Land Board, Muvattupuzha held that this area could not be treated as part of the holdings of these declarants, in as much as they were not in possession of the land. The Taluk Land Board was of the view that this land formed part of the holdings of Mathai Mathai and Mathai John, who were in possession of the same. Accordingly, the proceedings against VARKEY VARKEY were dropped as he was not in possession of any excess land. So far as Iype Joseph was concerned, be was directed to surrender 1. 74 acres as excess land from out of bis other holdings. (Vide Para. 1 and 2 of Ext. P1 and Para. 3 of Ext. P4 ).