Aliparamba Mohammed and Others vs Taluk Land Board and Others

Leave granted.

Heard learned Counsel for the parties.

This appeal is directed against the judgment and order of the High Court of Kerala affirming the order of the Taluk Land Board dismissing the application of the appellants filed u/s 85(8) of the Kerala Land Reforms Act as barred by time.

The appellant had claimed that he was unaware of the proceedings taken against Respondent 4. Reliance has been placed on a purchase certificate issued in favour of the appellant by the Land Tribunal. In our opinion, in a case where the claim of a tenure-holder is founded on a purchase certificate issued by the Land Tribunal, then unless that certificate is not found to be genuine or authentic, it would be unjust and unfair to preclude such a person from filing an application u/s 85(8) on the ground of delay. Since the High Court and the Taluk Land Board had dismissed the application of the appellant only on the ground of delay, their orders cannot be maintained.

In the result, this appeal succeeds and is allowed. The orders passed by the High Court and the Taluk Land Board are set aside. The matter is remitted to the Taluk Land Board for deciding the application filed by the appellant u/s 85(8) on merits in accordance with law.

Parties shall bear their own costs.