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2023 Supreme(Ker) 383

A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
State of Kerala, rep. by its Secretary, Revenue Department, Secretariat – Appellant
Versus
M. C. George, S/o. Late M. C. Cherian – Respondent


Advocates Appeared:
For the Appellant :Shri Jaffar Khan, Special Government Pleader, Shri K.P. Jayachandran, Addl. Advocate General.
For the Respondent: M.A. Abdul Hakhim, Jagan Abraham M. George.

JUDGMENT :

A. Muhamed Mustaque, J.

The State has come up with this appeal challenging the judgment of the learned Single Judge in W.P.(C) No.16705/2021 dated 04/12/2021.

2. The writ petitioner has been served with an order by the District Collector invoking Section 120A of the Kerala Land Reforms Act, 1963 (for short, the 'KLR Act'). The said order is produced as Ext.P4. The purport of the order is to prevent registration of the document in respect of the land comprised in Re-survey Nos.182/7Pt, 188/2Pt, 187/Pt, 186/2 in Block No.156 of C2 Division in Kerala Estate Village.

3. This is the third round of litigation. The factual background of the case is as follows:

The writ petitioner claims that he is in possession of the land having extent of 396.11 acres in the above land and after sale of the portion of the land he is now having 257.79 acres. He claims possession along with his brother M.C.Chandy. The derivation of title as referred in the pleadings indicates that the writ petitioner along with his brother is in possession of the land by way of lease hold right. The original lease holder obtained the property in a court auction conducted in 1890. Jenm right of the above property belo

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