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1988 Supreme(Ker) 224

T.KOCHU THOMMEN
SREE S. N. TEMPLE – Appellant
Versus
TAHSILDAR – Respondent


Judgment :-

1. The petitioner challenges Exts. P1 and P3. Ext. P1 is a proceeding of the Tahsildar by which he has demanded land tax in respect of properties held by the petitioner until 1-1-1970. Ext. P3 is a notice of sale of immovable properties in the course of proceedings initiated under the Revenue Recovery Act in enforcement of the demand under Ext. P1. The petitioner contends that, by reason of the vesting of the land in question in terms of S.72(1) of the Kerala Land Reforms Act, all encumbrances which existed in respect of the land had been discharged and the petitioner was no longer liable to pay taxes due in respect of the land and proceedings under the Revenue Recovery Act are not sustainable. The Government Pleader in answer to this contention submits that the taxes demanded are those payable under S.5 of the Kerala Land Tax Act and they were not encumbrances created by the landowners, as postulated under S.72(1) of the Kerala Land Reforms Act, but public revenue due on the land and therefore, recoverable by attachment and sale of the defaulter's properties in terms of S.5 and other provisions of the Revenue Recovery Act. The Government Pleader refers to the decision









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