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2021 Supreme(Online)(KER) 31477

HIGH COURT OF KERALA
V. G. Arun, J
HYDROSEKUTTY,
– Appellant
Versus

APPELLATE AUTHORITY (LAND REFORMS), – Respondent


Advocates:
AYSHA YOUSEFF, SMT.MOLLY JACOB, SRI.JOBI.A.THAMPI, SMT.ASHIFA YOUSEFF, SMT.M.KABANI DINESH, SRI.C.M.EBRAHIM, SRI.SHOUKATH HUSAIN, SMT.RABIA BEEGAM T.K., DR.GEORGE ABRAHAM, SPL.GOVT.PLEADER, SRI.JOHNSON M.I

O R D E R

The petitioner is the appellant in AA.No.3 of 2013 of the Appellate Authority (Land Reforms), Alappuzha. The Land Tribunal, Ernakulam assigned the right, title and interest over an extent of 6.48 Ares (16 cents) of property comprised in old Sy.No.20/4, Resurvey No.228/8 in Block No.32 of Aluva East Village in favour of the 5th respondent under Section 72F of the Kerala Land Reforms Act, 1963 (‘the Act’, for short). The petitioner, who was not made a party to the proceedings in O.A.No.13 of 2011 of the Land Tribunal, filed the appeal, claiming to be the owner of the property assigned to the 5th respondent and therefore, a necessary party in the proceedings before the Land Tribunal. The petitioner's case is that the property originally belonged to his grandfather Hydrose Moosa, and was assigned to his father, Moosa Mohammed vide Document No.4115 of 1969 of Aluva Sub Registry. Later, the property devolved on the petitioner by virtue of registered Partition Deed No.934 of

1976. That, the petitioner had been paying basic tax for the property till 2006. Thereafter the revenue authorities refused to accept tax due to the pendency of a civil suit filed by the 5th respondent. The

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