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1976 Supreme(SC) 291

A. N. RAY, M. H. BEG, P. N. SHINGHAL
State Of Kerala: P R Swamy Iyer: P. R. Subramonian – Appellant
Versus
Philomina: State Of Kerala: State Of Kerala – Respondent


Advocates:
K.M.NAYAR, LILY ISABLE THOMAS, M.M.ABDUL KHADER, P.K.PALLI, T.S.KRISHNAMURTHY IYER

JUDGMENT

SHINGHAL, J.:—Civil Appeals Nos. 907, 908 and 909 of 1974 are by the State of Kerala and the Land Board, Trivandrum. They are directed against a common judgment of the Kerala High Court dated July 27, 1973. Civil Appeals Nos. 1354 and 1355 of 1975 are by petitioners who had applied for revision of the orders of the Taluk Land Board, Alathur, dated June 11, 1974 and April 27, 1974. The High Court dismissed the revision petitions by two separate judgments dated July 9, 1975 and June 18, 1975. All the appeals are by special leave. We have heard them together at the instance of the learned counsel for the parties, and will examine them in a common judgment.

2. The controversy in all the cases relates to the application of certain provisions of the Kerala Land Reforms Act, 1963, hereinafter referred to as the Act, to the impugned voluntary transfers of Kayal lands. The State of Kerala feels aggrieved because the High Court has taken the view that the transfers made between September 15, 1963 and January 1, 1970 had to be "recognised and Kayal lands comprised therein excluded in reckoning the ceiling area and the excess lands to be surrendered after January 1, 1970." The grievanc























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