Komal Vs. State of Kerala and Others
EmailAppeal: Civil Appeals No. 7646 of 1997
( Arising out of SLP (C) No. 306 of 1997 ) with Nos. 7647
( Arising out of SLP (C) No. 1583 of 1997 ) and 7648 of 1997( ( Arising out of SLP (C) No. 2181 of 1997 )
( Arising out of SLP (C) No. 306 of 1997 ) with Nos. 7647
( Arising out of SLP (C) No. 1583 of 1997 ) and 7648 of 1997( ( Arising out of SLP (C) No. 2181 of 1997 )
Petitioner: Komal
Respondent: State of Kerala and Others
Apeal: Civil Appeals No. 7646 of 1997
( Arising out of SLP (C) No. 306 of 1997 ) with Nos. 7647
( Arising out of SLP (C) No. 1583 of 1997 ) and 7648 of 1997( ( Arising out of SLP (C) No. 2181 of 1997 )
( Arising out of SLP (C) No. 306 of 1997 ) with Nos. 7647
( Arising out of SLP (C) No. 1583 of 1997 ) and 7648 of 1997( ( Arising out of SLP (C) No. 2181 of 1997 )
Judges: J.S. VERMA , C.J. & B.N. KIRPAL & S. RAJENDRA BABU , JJ.
Date of Judgment: Jul 11, 1997
Head Note:
LAND AND TENANCY
Kerala Land Reforms Act, 1964
Section 72-K(2) – Purchase certificate – Genuineness of the same doubted by High Court – Findings not clear – Certificate having statutory effects – Held that matter must go back to High Court for giving a clear findings on the genuineness of certificate . ( Para 3 )
JUDGEMENT:
O R D E R
1 . Leave granted .
2 . Notice was issued limited to the point that the High Court having noticed the purchase certificate had merely observed in passing the order that the genuineness of the same appeared to be doubtful without recording a clear finding thereon when the statutory effect of the purchase certificate under sub-section (2) of Section 72-K of the Kerala Land Reforms Act is of signifi-cance .
3 . After hearing learned counsel for the parties , we are satis-fied that the matter must go back to the High Court for a fresh decision of Revision Petitions Nos. 2436 , 1621 and 1497 of 1996 with advertence to the above . The High Court would now , while deciding the revision petitions , give a clear finding relating to the purchase certificate on which reliance is placed by the appellants .
4 . The appeals are allowed to the above extent .
1 . Leave granted .
2 . Notice was issued limited to the point that the High Court having noticed the purchase certificate had merely observed in passing the order that the genuineness of the same appeared to be doubtful without recording a clear finding thereon when the statutory effect of the purchase certificate under sub-section (2) of Section 72-K of the Kerala Land Reforms Act is of signifi-cance .
3 . After hearing learned counsel for the parties , we are satis-fied that the matter must go back to the High Court for a fresh decision of Revision Petitions Nos. 2436 , 1621 and 1497 of 1996 with advertence to the above . The High Court would now , while deciding the revision petitions , give a clear finding relating to the purchase certificate on which reliance is placed by the appellants .
4 . The appeals are allowed to the above extent .
