MOOSA Vs. INDIRA

JUDGEMENT

(1.) The revision petitioners 2 to 8 are the legal heirs of Moosa, the 1st petitioner, who died pending this C.R.P. The 1st petitioner claims to be a cultivating tenant in respect 1.85 Acres of land comprised in Re-survey No.11/1 of Shiribagilu Village in Kasaragode District. According to him, he obtained the property on Chalageni Lease from the predecessor-in-interest of respondents 1 to 9 in the year 1956, on an annual contract rent of Rs.12/-. He cultivated the land, planted coconut and cashew trees, constructed a house, dug a well and has been enjoying the property without any let or hindrance from the commencement of the lease.

(2.) Suo motu proceedings were initiated under Section 72C of the Kerala Land Reforms Act, 1963 to issue the purchase certificate to the 1 st petitioner and Ext.C1 report dated 24.12.1996 was filed by the Special Revenue Inspector (LR)-II, Kasaragode. From among the respondents, the 7th respondent alone resisted the claim of the 1st petitioner contending that the lease is after 01.04.1964 and that the contract rent was Rs.200/- per year. The 1st petitioner is, therefore, not entitled to fixity of tenure or issuance of purchase certificate.

(3.) The Land Tribunal No.II, Kasaragode vide order in S.M.No.58/97 dated 30.09.1997 came to the conclusion that there is no reliable evidence regarding the tenancy in favour of the 1st petitioner and that the rent receipt at Ext.A1 dated 29.03.1958 does not appear to be genuine. The basic tax receipts at Exts.A2 and A3 are of the year 1996 and therefore, the suo motu proceedings were dropped.