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1992 Supreme(Ker) 8

BALANARAYANA MARAR
Antony – Appellant
Versus
Taluk Land Board – Respondent


Judgment :-

Taluk Land Board, Thalassery directed petitioner to surrender an extent of 2 acres and 531/2 cents of land as excess land vide proceedings in TLB.-688/73/TLY. The civil revision petition filed before this Court challenging that order was dismissed on 6-1-1986. Possession of the land was taken on 23-7-1986: An application was preferred by petitioner before Taluk Land Board under S.85(8) of the Kerala Land Reforms act requesting to set aside the order and to proceed under sub-section (5) of S.85. That application was also dismissed.

2. Subsequent to the introduction of sub-section (9A) of S.85 an application was presented before the Taluk Land Board to review its decision. That application was dismissed on the ground that S.85(9)(A) does not give any right to the parties to file an application before the Taluk Land Board. That order of the Land Board is under challenge in this revision filed under S.103 of the Land Reforms Act.

3. Heard counsel for petitioner.

4. Sub-section (9A) of S.85 of the Land Reforms Act was introduced by the Amendment Act 16 of 1989. That sub-section reads:

"Notwithstanding anything contained in this Act or in the Limitation Act, 1963 (Central Act 36







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