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IN THE HIGH COURT OF KERALA AT ERNAKULAM
T.R. RAVI, J
BINDU K.R. – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. challenge to order under the kerala land reforms act. (Para 1 , 2) |
| 2. clarification on deemed tenancy and proof of possession. (Para 3 , 4) |
| 3. set aside of the previous order and direction for reassessment. (Para 5) |
ORDER
The challenge in this civil revision petition is against an order dated 16.11.2012 passed by the Taluk Land Board, Chittur in SM No.375/1978. The petitioners had preferred claims under Section 7E of the Kerala Land Reforms Act (for short, ‘the Act’) on the basis of transfers effected by the declarant/his predecessors with respect to lands which were included in the ceiling case of the declarant Sri.Ussanar Rawther. There is no dispute regarding the fact that the transfers had been effected either by the declarant himself or persons who had obtained transfer from him, in favour of the petitioners herein. The Taluk Land Board has rejected the contentions finding that the petitioners have not proved the deemed tenancy. At the time of admission, this Court had passed an interim order on 10.04.2013, the operative portion of which has been extracted hereunder:
“3. In view of Sec.106B of the Act, proper forum for deciding the claim under Sec.7E of the Ac
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