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1987 Supreme(Ker) 620

PADMANABHAN
AYYAPPAN – Appellant
Versus
NARAYANAN NAMBOODIRI – Respondent


Judgment :-

1. While ordering resumption of land from a tenant. the Land Tribunal is bound to direct the applicant to make payments to extinguish the rights of the cultivating tenant and the intermediaries. if any. who would be affected by such resumption. Under S.22(2). the direction should be to make the payment within such time and in such manner as may be prescribed. Prescribed means prescribed under the rules. Prescribed period under R.11(2) of the Tenancy Rules is 30 days from the date of the order. The jurisdiction of (be Land Tribunal under S.22(2) is therefore to direct in the resumption order to make the payment within a time which could only be within 30 days. When once the time is so fixed sub-section (3) authorises the Court to extend the time for sufficient reasons. What is provided under R.130 of the Tenancy Rules is only a general provision just like S.148 of the Civil Procedure Code authorising the authorities under the Land Reforms Act to extend the period fixed or granted by them for the doing of any act prescribed or allowed by the Rules. Such general power is available even after the period originally fixed or granted may have expired. The question is whether t















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