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2008 Supreme(Online)(KER) 46120

HIGH COURT OF KERALA
K.T.SANKARAN, J
P K FAROOK SO HAMZA – Appellant
Versus
TALUK LAND BOARD, OTTAPALAM – Respondent


O R D E R

The petitioners filed claim petitions under section 85(8) of the Kerala Land Reforms Act in S.M. No. 323 of 1977 before the Taluk Land Board, Ottappalam. The Taluk Land Board rejected the claim petitions. The petitioners challenge the order passed by the Taluk Land Board to that extent.

2. In the S.M. proceedings, Poulose, the predecessor in interest of the fourth respondent was the assessee. By the final order, the assessee was directed to surrender an extent of 10 acres 31.50 cents . The claim petitioners claimed title to the property included in their applications under various documents executed by the assignees of the fourth respondent as well as by the fourth respondent. All those assignments were made after 01.01.1970.

3. The Kerala Land Reforms Act was amended by the Kerala Land Reforms (Amendment) Act 2005 (Act 21 of 2006). By the amendment, Section 7E and Section

84(4) were inserted.

Section 7E reads as follows:

“”7E. Certain persons who acquired lands to be deemed tenants:-- Notwithstanding anything to the contrary contained in section 74 or section 84 or in any other provisions of this Act, or in any other law for the time being in force or in any contract, custom o

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