SUNDARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a claimant within the meaning of S.85(8) K.L.R. Act.

(2.) While disposing of C.C. No. 365/73, the Taluk Land Board, Mannarghat directed the declarant to surrender 2.92 acres of land. The land thus directed to be surrendered happened to be in the possession of one C.P. Ummer Haji, who claimed to be the tenant of the holding. He therefore filed a petition under S.85(8) before the Board and contended that the order directing the declarant to surrender the land is liable to be set aside. That petition was dismissed. Ummer Haji challenged that order by filing C.R.P. 620/82. This court by order dated 29th June, 1987, dismissed the revision. The order reads:--

(3.) Ummer Haji nonetheless moved the Taluk Land Board again for an order directing "the assessee to surrender other land in his possession". This application virtually is one falling under S.85(6). The Taluk Land Board allowed the application and consequently directed surrender of the disputed land. The petitioner herein purchased this land from one Rajani, the legatee under the will executed by the declarant. Rajani had challenged the aforesaid order before this court as is seen from C.R.P. 560 of 1988. This court dismissed the revision petition. Relevant portions of the order reads:--