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1988 Supreme(Ker) 456

VARGHESE KALLIATH
MUHAMMED – Appellant
Versus
KOYAMMU HAJI – Respondent


Judgment :-

1. A question of considerable importance arises in this second appeal. It relates to the application of S.13B of the Kerala Land Reforms Act, 1963 (Act 1 of 1964), hereinafter referred to as 'the Act'. Before referring to the facts of the case, I feel it is apposite to quote S.13 B of the Act.

"13B. Restoration of the possession of certain holdings sold for arrears of rent.- (1) Notwithstanding anything to the contrary contained in any law, or in any judgment, decree or order of court, where any holding has been sold in execution of any decree for arrears of rent, and the tenant has been dispossessed of the holding after the 1st day of April, 1964 and before the commencement of the Kerala Land Reforms (Amendment) Act, 1969, such sale shall stand set aside and such tenant shall be entitled to restoration of possession of the holding, subject to the provisions of this section:

Provided that nothing in this sub-section shall apply in any case where the holding has been sold to a bona fide purchaser for consideration after the date of such dispossession and before the date of publication of the Kerala Land Reforms (Amendment) Bill, 1968 in the Gazette.

(2) Any person entitled
































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