Aliparamba Mohammed and Others Vs. Taluk Land Board and Others
EmailAppeal: Civil Appeal No. ….. of 1995
(Arising out of SLP (C) No. 9033 of 1986)
(Arising out of SLP (C) No. 9033 of 1986)
Petitioner: Aliparamba Mohammed and Others
Respondent: Taluk Land Board and Others
Apeal: Civil Appeal No. ….. of 1995
(Arising out of SLP (C) No. 9033 of 1986)
(Arising out of SLP (C) No. 9033 of 1986)
Judges: R.M. SAHAI & N.P. SINGH, JJ.
Date of Judgment: Apr 01, 1995
Head Note:
LAND REFORM
Kerala Land Reforms Act
Section 85(8) – Reliance on purchase certificate by Land Tribunal – Certificate to be found to be genuine or authentic. Held where claim of a tenure-holder is founded on a purchase certificate issued by the Land Tribunal, then unless that certificate is not found to be genuine or authentic, it would be unjust to preclude a person from filing an application under Section 85(8) on the ground of delay.(Para 4)
Kerala Land Reforms Act
Section 85(8) – Reliance on purchase certificate by Land Tribunal – Certificate to be found to be genuine or authentic. Held where claim of a tenure-holder is founded on a purchase certificate issued by the Land Tribunal, then unless that certificate is not found to be genuine or authentic, it would be unjust to preclude a person from filing an application under Section 85(8) on the ground of delay.(Para 4)
JUDGEMENT:
ORDER
1. Leave granted.
2. Heard learned counsel for the parties.
3. This appeal is directed against the judgment and order of the High Court of Kerala affirming the order of the Taluk Land Board dismissing the application of the appellants filed under Section 85(8) of the Kerala Land Reforms Act as barred by time.
4. The appellant had claimed that he was unaware of the pro-ceedings taken against Respondent 4. Reliance has been placed on a purchase certificate issued in favour of the appellant by the Land Tribunal. In our opinion, in a case where the claim of a tenure-holder is founded on a purchase certificate issued by the Land Tribunal, then unless that certificate is not found to be genuine or authentic, it would be unjust and unfair to preclude such a person from filing an application under Section 85(8) on the ground of delay. Since the High Court and the Taluk Land Board had dismissed the application of the appellant only on the ground of delay, their orders cannot be maintained.
5. In the result, this appeal succeeds and is allowed. The orders passed by the High Court and the Taluk Land Board are set aside. The matter is remitted to the Taluk Land Board for decid-ing the application filed by the appellant under Section 85(8) on merits in accordance with law.
6. Parties shall bear their own costs.
1. Leave granted.
2. Heard learned counsel for the parties.
3. This appeal is directed against the judgment and order of the High Court of Kerala affirming the order of the Taluk Land Board dismissing the application of the appellants filed under Section 85(8) of the Kerala Land Reforms Act as barred by time.
4. The appellant had claimed that he was unaware of the pro-ceedings taken against Respondent 4. Reliance has been placed on a purchase certificate issued in favour of the appellant by the Land Tribunal. In our opinion, in a case where the claim of a tenure-holder is founded on a purchase certificate issued by the Land Tribunal, then unless that certificate is not found to be genuine or authentic, it would be unjust and unfair to preclude such a person from filing an application under Section 85(8) on the ground of delay. Since the High Court and the Taluk Land Board had dismissed the application of the appellant only on the ground of delay, their orders cannot be maintained.
5. In the result, this appeal succeeds and is allowed. The orders passed by the High Court and the Taluk Land Board are set aside. The matter is remitted to the Taluk Land Board for decid-ing the application filed by the appellant under Section 85(8) on merits in accordance with law.
6. Parties shall bear their own costs.
