The revision petitioner sought to set aside the order dated 05.05.1982 of the Taluk Land Board in so far as it relates to the land held by him and his brother. The land directed to be surrendered by the fourth respondent declarant as in excess of his ceiling area included 2.19 acres in Sy. No. 655/6 of Chithara village (now Mangode village) in Kottarakkara Taluk. The revision petitioner contends that the property belonged to his father Ameen Pillai Rawther which was subsequently partitioned amongst his brother. The revision petitioner points out that 1.54 acres in Sy. No. 655/6 stands allotted to him and 0.65 acres stands allotted to his brother under partition deed (document No. 4142/1960) SRO, Chadayamangalam.
2. The fifth respondent declarant on the other hand asserts that the family of the revision petitioner lost title and possession under an auction sale. The auction sale was 2 CRP(LR) No. 545/2013 conducted for realisation of agricultural income tax and the father of the fifth respondent was the successful bidder in the auction. It is his case that the father of the fifth respondent obtained title to the property by document No. 2220/1958 SRO, Chadayamangalam pursuant to the auction sale. It is further stated that the father of the fifth respondent executed a gift deed in favour of the fifth respondent by document No. 4276/1969 SRO, Chadayamangalam.
3. Whether the property in question has already been lost in auction sale or available for partition amongst the revision petitioner and his brother needs a deeper probe. Sufficient opportunity is not seen afforded to the parties as mandated under Rule 14(3) of the Kerala Land Reforms (Ceiling) Rules, 1970. The Taluk Land Board cannot wash off their hands by merely stating that the parties have to establish their title and possession in a civil court only. The question whether the fifth respondent has right over the property of extent 2.19 acres in Sy. No. 655/6 as on 01.01.1970 has to be considered after permitting the parties to lead evidence.
3 CRP(LR) No. 545/2013
4. I set aside the impugned order of the Taluk Land Board only in so far as it relates to the inclusion of 2.19 acres in Sy. No. 655/6. I confirm the order of the Taluk Land Board in other respects and direct the parties to appear before the Taluk Land Board on 27.10.2014. The Taluk Land Board, Kottarakkara shall issue notice to the parties and take the proceedings to a logical end within a period of four months from the date of receipt of records.
The Civil Revision Petition is allowed. No costs.
ncd V. CHITAMBARESH JUDGE