IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 7^TH DAY OF JUNE 2024 / 17TH JYAISHTA, 1946 RP NO. 690 OF 2021 AGAINST THE ORDER DATED 14.8.2019 IN CRP NO.221 OF 2009 OF HIGH COURT OF KERALA REVIEW PETITIONERS/PETITIONERS 2 TO 4 & 6 TO 8:

1 SULEKHA, W/O LATE MOOSA, AGED 68 YEARS, CHENNARVALAPPU, SHIRIBAGILU VILLAGE, KASARAGODE TALUK, KASARAGODE DISTRICT.

2 ABDULLA, S/O LATE MOOSA, AGED 45 YEARS, CHENNARVALAPPU, SHIRIBAGILU VILLAGE, KASARAGODE TALUK, KASARAGODE DISTRICT.

3 SUHARA, D/O LATE MOOSA, AGED 42 YEARS, CHENNARVALAPPU, SHIRIBAGILU VILLAGE, KASARAGODE TALUK, KASARAGODE DISTRICT.

4 KHADEEJA, D/O LATE MOOSA, AGED 36 YEARS, CHENNARVALAPPU, SHIRIBAGILU VILLAGE, KASARAGODE TALUK, KASARAGODE DISTRICT.

5 MARIYAMMA, D/O LATE MOOSA, AGED 34 YEARS, CHENNARVALAPPU, SHIRIBAGILU VILLAGE, KASARAGODE TALUK, KASARAGODE DISTRICT.

6 AYISHA, D/O LATE MOOSA, AGED 26 YEARS, CHENNARVALAPPU, SHIRIBAGILU VILLAGE, KASARAGODE TALUK, KASARAGODE DISTRICT.

BY SRI. RENJITH THAMPAN (SR.), SRI.

V.M.KRISHNAKUMAR RESPONDENTS/RESPONDENTS 1 TO 10 & 5TH PETITIONER:

1 INDIRA, D/O LATE RAMA VARMA RAJA, RAMANTHARASU, MAIPADDY PALACE, P.O.MAIPADY, KASARGODE TALUK, KASARAGODE DISTRICT PIN 671124

2 RAJAN, S/O.LATE RAMA VARMA RAJA, RAMANTHARASU, MAIPADDY PALACE, P.O.MAIPADY, KASARGODE TALUK, KASARAGODE DISTRICT PIN 671124

3 RAVI, S/O.LATE RAMA VARMA RAJA, RAMANATHARASU, MAIPADDY PALACE, P.O.MAIPADY, KASARGODE TALUK, KASARAGODE DISTRICT PIN 671124

4 JAYA, D/O.LATE RAMA VARMA RAJA RAMANTHARASU, MAIPADDY PALACE, P.O.MAIPADY, KASARGODE TALUK, KASARAGODE DISTRICT PIN 671124

5 SHASHI, S/O.LATE RAMA VARMA RAJA, RAMANTHARASU, MAIPADDY PALACE, P.O.MAIPADY, KASARGODE TALUK, KASARAGODE DISTRICT PIN 671124

6 RADHAKRISHNAN, S/O.LATE RAMA VRMA RAJA RAMANTHARASU, MAIPADDY PALACE, P.O.PAIPADY, KASARGODE TALUK, KASARAGODE DISTRICT PIN 671124

7 KRISHNA MOHAN RAJ, S/O.LATE RAMA VARMA RAJA, RAMANTHARASU, MAIPADDY PALACE, P.O.MAIPADY, KASARGODE TALUK, KASARAGODE DISTRICT PIN 671124

8 GOPINATH, S/O.LATE RAMA VARMA RAJA, RAMANTHARAVU, MAIPADDY PALACE, P.O.MAIPADY, KASARGODE TALUK, KASARAGODE DISTRICT PIN 671124

9 MAHALAXMI, D/O.LATE RAMA VARMA RAJA, RAMANTHARAVU, MAIPADDY PALACE, P.O.MAIPADY, KASARGODE TALUK, KASARAGODE DISTRICT PIN 671124

10 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM 695001 11 MOHAMMED, S/O LATE MOOSA, AGED 34 YEARS, CHENNARVALAPPU, SHRIBAGILU VILLAGE, KASARAGODE TALUK, KASARAGOD DISTRICT PIN 671124 SRI. S. UNNIKRISHNAN, GP THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON

07.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

O R D E R

This review petition has been filed to review the order passed by this Court in C.R.P.No.221/2009 dated 14.8.2019. 2. The review petitioners are the petitioners 2 to 4 and 6 to 8 in C.R.P.No.221/2009 and the respondent are respondents 1 to 10 and the 5^th petitioner therein.

3. The review petitioners and the 11 respondent are the legal heirs of one Moosa. According to the review petitioners, the father of Moosa, Abdulla Biyari was a cultivating tenant in respect of 1.85 acres of land comprised in re-survey No.11/1 of Shiribagilu Village in Kasaragod District. It is alleged that he took the aforesaid 1.85 acres of land on lease (Chalageni lease) prior to 1959. It is further alleged that after the death of Abdulla, his son Moosa, the father of the review petitioners, succeeded the tenancy, cultivated the land, planted coconut trees and cashew trees, constructed house, dug well and has been enjoying the property without any hindrance. Suo Motu proceedings were initiated under Section 72C of the Kerala Land Reforms Act, 1963 as S.M.58/1997 to issue purchase certificate to late Moosa. From among the respondents, the 7^th respondent alone resisted the claim of Moosa contending that the lease was after 1.4.1964, the contract rent was ₹200/- per year and hence Moosa was not entitled to get fixity of tenure. The Land Tribunal No.II, Kasaragod vide or