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1987 Supreme(Ker) 430

G.VISWANATHA.IYER
HABEEB – Appellant
Versus
LATHIEF – Respondent


Judgment :-

1. The first respondent filed an application, O.A. No. 825 of 1978 against the petitioner under S.80B of the Kerala Land Reforms Act, 1963 for purchase of kudikidappa rights. The application was opposed by the petitioner. After due trial, the application was dismissed by the order, Ext.P1 dated 30th July, 1979. Long afterwards the first respondent filed an appeal against this order before the Appellate Authority (Land Reforms), Alleppey, the 3rd respondent herein en 24-7-1985. The appeal was thus filed almost six years after the date of the eider of the Land Tribunal. There was therefore a petition for condonation of delay supported by an affidavit, a copy of which is Ext.P2.

The petition does not clearly specify the extent of the delay. The reason stated by the first respondent for the delay was that he was out of the country since June, 1979 and that he came back to Alleppey only towards the beginning of 1985 and it was thereafter that he came to know of the dismissal of his application, from the office of the advocate.

2. The application for condonation was opposed by the petitioner by filing a counter statement, Ext.P3 in which the various allegations made by the firs












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