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1973 Supreme(Ker) 214

P.GOVINDA NAIR
MARIAMMA MATHAI – Appellant
Versus
MATHULLA POTHAN – Respondent


Judgment :-

1. The petitioner who is the respondent to an application under S.31 of the Kerala Land Reforms Act, 1963, for short, the Act, has prayed that the order Ext. P1 passed by the Land Tribunal setting aside an earlier order dated 20101971 fixing fair rent at the instance of the applicant be set aside by the issue of a writ of certiorari. In addition, there is a prayer for the issue of a writ of prohibition preventing the 2nd respondent, the Land Tribunal from continuing with the proceedings in pursuance of the order Ext. P1. These are the two main prayers in the petition and these have been opposed by counsel for the 1st respondent who is the respondent in the application under S.31 of the Act. He contended that the order Ext. P1 was passed as early as 2211972 and this writ application having been filed only on the 29th of August, 1973 is belated and ought to be dismissed on this sole ground. He further contended that in any view of the matter, no orders are called for by this Court even if the order Ext. P1 was without jurisdiction in view of the fact that the question of fair rent would directly arise for determination in the application made by the petitioner under S.72B









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