ALIKUTTY GURUKKAL AND ANOTHER Vs. STATE OF KERALA
LAWS(KER)-2017-8-17
HIGH COURT OF KERALA
Decided on August 22,2017

Alikutty Gurukkal And Another Appellant
VERSUS
STATE OF KERALA Respondents

JUDGEMENT

- (1.) One Alikutty Gurukkal and another, who are the original petitioners in CR No.527/1973 of Taluk Land Board, Tirur, came up with this revision challenging the order dated 21/12/2015 passed by the Taluk Land Board, Tirur, rejecting the claim of petitioners. Earlier, the matter was taken up before this Court against the order of the Taluk Land Board, in CRP (LR) No.101/2014 (D) and this Court set aside the order passed by the Taluk Land Board and remanded the matter back for fresh consideration. Thereafter, the Taluk Land Board considered the matter, after issuing notice to the parties, and passed the impugned order which is under challenge.
(2.) The claim of the petitioners is that they had entered into a contract for sale with respect to 4.22 acres of property owned by one P. V. Alavi, the son of declarant P. V. Veerali Haji, on 24/04/1981. It is an unregistered agreement for sale. Based on the above said unregistered agreement for sale, a claim was raised by the revision petitioners over an extent of 4.22 acres of land comprised in Re Survey No.507/01 belonged to P. V. Alavi, the son of declarant. Admittedly, the said property was obtained by P. V. Alavi from his mother, Smt. Kadiyamu Umma, the wife of declarant P. V. Veerali Haji. An advance amount of Rs.1,32,500/- is alleged to have been given to the owner of the property at the time of agreement.
(3.) The claim of petitioners is on the basis of S.7E of the Kerala Land Reforms Act, 1963 (for short 'the Act') which is extracted below for reference. "7E. Certain person who acquired lands to be deemed tenants. - Notwithstanding anything to the contrary contained in S.74 or S.84 or in any other provisions of this Act, or in any other law for the time being in force or in any contract, custom or usage, or in any judgment, decree or order of any Court, Tribunal or other authority, a person who at the commencement of the Kerala Land Reforms (Amendment) Act, 2005, is in possession of any land, not exceeding four hectares in extent, acquired by him or his predecessor - in - interest by way of purchase or otherwise on payment of consideration from any person holding land in excess of the ceiling area, during the period between the date of the commencement of the Kerala Land Reforms Act, 1963 (1 of 1964), and the date of commencement of the Kerala Land Reforms (Amendment) Act, 2005, shall be deemed to be a tenant.]." ;


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