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Patinhare Purayil Nabeesumma – Appellant
Versus
Miniyatan Zacharias – Respondent
JUDGMENT
S.B. SINHA, J.
1. Leave granted.
2. Plaintiff in a suit for declaration of title and possession is before us, aggrieved by and dissatisfied with the judgment and decree dated 25th January, 2007 passed by a learned Single Judge of the Kerala High Court in Second Appeal No. 643 of 1994, whereby and whereunder the judgment and order of the first appellate court dated 13th January, 1994 as also that of the trial court dated 27th February, 1993 respectively, decreeing the suit of the appellant, were set aside.
3. In this appeal we are concerned only with Item No.2 of the properties described in Schedule 'B' of the plaint, which reads as under :-
Schedule B
Item No. Revised Survey No. Measurement
1 90/7 21 cents B
2 90/3 26 cents A
3 90/8 13.5 cents F
4. Husband of the appellant was an agriculturist. He was in cultivating possession of five items of properties as a tenant under one Jenmi Palkodan Kunhmina Ayissa. Appellant contended that her husband had been in possession of the suit land from the date of settlement which took place in the year 1943; and in support
Importent Point: A certificate issued under Section 72-K of the Act is conclusive. Once the same is found to be conclusive, same can not be refused to be taken into consideration for any purpose wha....
The appellant lacked lawful rights to claim fixity of tenure due to invalid assignments and ongoing litigation affecting the property.
If on the relevant date appellants were in cultivation and possession of the land, they are entitled to registration of the occupancy rights in respect of the land.
The assignment of land by revenue officials in the face of ongoing civil litigation and without notifying the contesting parties is invalid. Civil courts have jurisdiction to grant relief in such cas....
Weight to be attached to an admission made by a party is a matter different from its use as an admissible evidence.”
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