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2018 Supreme(Ker) 285

P.N.RAVINDRAN, P.B.SURESH KUMAR, R.NARAYANA PISHARADI
P. N. Viswambaran S/o Late Narayanan – Appellant
Versus
T. P. Sanu S/o Late Prabhakaran – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Abraham P. George, Sri. M. Rajendran Nair, Smt. M. Santhy
For the Respondents: Sri. P.B. Pradeep

ORDER :

R. Narayana Pisharadi, J.

What is the effect of a certificate of purchase issued to one of the co-sharers of a land under Section 72K (1) of the Kerala Land Reforms Act, 1963 (hereinafter referred to as 'the Act') on other co-sharers? Does the provision contained in Section 72K (2) of the Act prevent the other co-sharers from claiming right, title and possession over the land in respect of which the certificate of purchase is issued under Section 72K (1) of the Act? Does the provision contained in Section 72K(2) of the Act exclude the operation of Section 90 of the Indian Trusts Act, 1882? These are the questions which essentially fall for consideration and determination by this Full Bench.

2. This appeal has come up for hearing before the Full Bench on a reference made by a Division Bench of this Court by order dated 30.03.2017 to resolve the conflict between the decisions of this Court in Paul v. State of Kerala and Another (1981 KLT 721) and Ramakke and Others v. Gopi and Others (2011(3) KHC 491).

3. The appeal arises out of the suit O.S.No.1901 of 2004 on the file of the Munsiff's Court, Ernakulam. The suit is for partition. The appellant is the plaintiff in the suit. He co














































































































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