Manjula Chellur. Ag. C.J.

1. The entire dispute revolves round survey No.58/16 and 19 of Panavally Village of Cherthala Taluk. The appellant claims to be a member of Ulladan Tribe coming in the list of Scheduled Tribe of Kerala State. One Smt.Thakamma, mother of appellant acquired in all 26½ cents of land. She said to have sold 10 cents of this property to one Achamma Lekshmi and another bit of land to Damodaran and Achamma Lekshmi jointly. Subsequently, she filed application No.8/87 on 30.11.1987 before the Revenue Divisional Officer (for short, 'RDO') for restoration of 26½ cents of land. Land came to be ordered to be returned by order of RDO dated 05.11.1990 subject to deposit of Rs.3,700/- as compensation for the improvements carried on in the land and the same came to be deposited.

2. However, in the meanwhile, Mr.Damodaran filed appeal No.2 of 1990 before the District Collector, Alappuzha challenging the order of RDO. Said appeal came to be rejected by order dated 31.08.1991. This came to be challenged in O.P. No.12504 Of 1991. The said Original Petition came to be dismissed by judgment dated 06.02.1997. This came to be challenged in W.A. No.750 of 1997 wherein th