C S BALARAMA IYER Vs. KRISHNAN KUNCHANDI
HIGH COURT OF KERALA
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M.S. Menon C.J. -
(1.) This C.R.P. is directed against the judgment of the Additional Subordinate Judge of Palghat in C.M.A. No. 47 of 1965. The petitioners in the C.R.P. were the respondents in the C.M.A.
(2.) The C.M.A. was filed by the respondent before us. It challenged the correctness of the fixation of fair rent by the Land Tribunal, Palghat, under S.31 of the Kerala Land Reforms Act, 1963. The fixation was in pursuance of his application, O.A. No. 813 of 1962, which had been renumbered as Application No. 307 of 1964.
(3.) The C.M.A. was filed under S.102 of the Act. Sub-s.(1) of that section, in so far as it is material for the purpose of this case, reads as follows:--
"Any person aggrieved by the orders of the Land Tribunal under .... S.31 ... may appeal against such order within such time as may be prescribed to the Subordinate Judge having jurisdiction over the area in which the holding or part thereof is situate. He shall hear the appeal as a persona designata and his decision thereon shall be final, subject to the provisions of S.103".
S.103, subject to which finality is conferred on the decision in appeal, is the section which provides for revision by the High Court, and under which this petition has been filed.;
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