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2012 Supreme(Ker) 549

V.CHITAMBARESH
Rajammal – Appellant
Versus
Hajira – Respondent


Advocates Appeared:
For the Petitioners:T. Sethumadhavan, Binoy Vasudevan, Advocates.
For the Respondents: Smt. K.T. Lilly, Government Pleader.

JUDGMENT

Can a Land Tribunal issue certificates of purchase in respect of the same land to two different persons under the scheme of the Kerala Land Reforms Act, 1963 (hereinafter referred to as the 'Act' only)? This question has been succinctly answered in Patinhare Purayil Nabeesumma Vs. Miniyatan Zacharias [(2008) 5 SCC 25] as follows:

"A certificate issued under Section 72 K of the Act is conclusive. Once the same is found to be conclusive, the same cannot be refused to be taken into consideration for any purpose whatsoever. The only issue which, therefore, should have been raised by the High Court was as to who was entitled thereto, keeping in view the fact that the land tribunal had granted certificates of assignment to both the parties. In view of the statutory scheme, both the parties could not have been given the certificates of assignment. The certificate in favour of the appellant, even otherwise, having been granted earlier and the same having not been set aside on the ground of fraud or illegality, it was conclusive even as against the land tribunal. The land tribunal, therefore, had no jurisdiction to issue a second certificate." (emphasis supplied).

2. The Land Tribun










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