V.CHITAMBARESH
K. T. Rajeev – Appellant
Versus
District Collector, Wayanad – Respondent
1. Whether a person who acquired uninterrupted possession of a land under an agreement for sale on payment of consideration from the declarant entitled to the benefit of 'deemed tenancy' ? This question arises in the context of the interpretation of Section 7E of the Kerala Land Reforms Act, 1963 (hereinafter referred to as 'the Act' only).
2. The fourth respondent declarant was directed to surrender an extent of 6.37 acres of land as in excess of his ceiling area by the order of the Taluk Land Board which has become final. It is reported that excess lands have already been taken possession of in satisfaction of the liability though not distributed to the landless hitherto. The petitioner who was not a party to the order of the Land Tribunal filed an application under Section 85 (8) of the Act raising a claim. The petitioner contended that he was put in possession of 4.81 acres of land in Survey No.2522 under an agreement for sale dated 22.1.1997 with the declarant. The petitioner added that he had parted with a consideration of Rs. 2 lakhs in favour of the declarant even though the agreement for sale was not followed by a sale deed. The Taluk Land Board did not accept the
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