Neither the declarant nor his legal heirs are seen heard by the Taluk Land Board before the impugned order was passed. Their junction is absolutely essential while considering a claim put in by the transferees under Section 7E of the Kerala Land Reforms Act, 1963 (hereinafter referred to as 'the Act' for short). The transferees are the predecessor-in- interest of respondents 1 to 4, the 5th respondent and the 6th respondent. 2. All the three transferees earlier claimed title and possession on the basis of certificates of purchase. Such certificates of purchase were issued by the Land Tribunal pursuant to the J-Form filed. There is however no J-Form application in the case of the 6th respondent.
3. The Taluk Land Board brushed aside the certificates of purchase on the ground that it were inaccurate on its face. Such finding of the Taluk Land Board was however set aside in Civil Revision Petitions by this Court. The matter was remanded to the Taluk Land Board for de novo consideration.
4. The Taluk Land Board has to either accept the certificates of purchase or come to a definite finding that the same are inaccurate on its face. No such exercise is seen to have been made by the Taluk Land Board in the instant case. The documents on the basis of which the certificates of purchase were issued have also not been adverted to.
5. The transferees contend that Purappad receipts alone are sufficient to rest their claim under Section 7E of the Act. This is because they allegedly acquired possession on payment of consideration within the cut off period mentioned in Section 7E of the Act. It is not clear from the impugned order about the documents relied on by the sixth respondent to spin out a case of tenancy.
6. I have no option but to set aside the impugned order and I do so. The Taluk Land Board, Hosdurg shall issue fresh notice to the interested parties. The claim of the transferees either on the basis of certificates of purchase or under Section 7E of the Act shall be re-considered. The applicability of Section 7E of the Act shall be considered in the light of the dictum laid down in CRP (LR) No.171/2012.
7. The Taluk Land Board is free to call for a fresh report from the authorised officer. The parties shall also be given an opportunity to adduce evidence. Final orders shall be passed within a period of five months. It goes without saying that the existing report of the Special Deputy Tahsildar can also be adverted to.
The Civil Revision Petition (LR) is disposed of as above. No costs.
nj.
Sd/- V.CHITAMBARESH, Judge.