JUDGMENT

Annie John, J.

This appeal is filed against the judgment in OP. No.18644 of

1996, which was filed challenging Ext.P11 the decision of the first respondent made on reference to them under Section 17 of the Kerala Service Inam Lands (Vesting & Enfranchisement) Act 1981 (for short 'the Act'). The 5th respondent expired during the pendency of the Original Petition.

2. The 5th respondent in the O.P. claimed assignment under that Act of 42.5 cents of land in Sy. No.11/2B of Kidangannoor Village, which according to the appellant, originally belonged to the appellant. The primary appellate and revisional authorities under the Act did not uphold the claim of the 5th respondent. However, the Revisional Authority while holding that there was no doubt as to whether the land in question was Service Inam Land or not, allowed reference to the Government. The impugned order is passed by the Government on that reference. The appellant challenged the above said decision of the Government in the O.P. contending that the land in question does not come within the concept of the Service Inam Land.

3. The 5th respondent initiated proceedings under Section 72 of the Kerala Land Reforms Act for purch