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State of Kerala - Section

Section 28 in Kerala Land Reforms (Tenancy) Rules, 1970

28. Disposal of appeal against records of right.

(1)On receipt of the memorandum of appeal, the Revenue Divisional Officer, after sending for the record of the case if he thinks fit so to do, and after fixing a day for hearing the appellant and hearing him accordingly if he appears on that the day and after perusal of the memorandum of appeal and the the record of the case, where it has been sent for, may, If he is satisfied that there is no sufficient ground for interference or if he has reason to believe that the appellant is not aggrieved, dismiss the appeal forthwith.
(2)Where the Revenue Divisional Officer does not under sub-rule (1) dismiss the appeal, he shall fix a day for hearing the appeal, send for the record of the case where it has not been send for and serve notice intimating the day fixed for the hearing of the appeal on all other persons whose names appear in the record of nights and on such other persons, of any, whose names are shown in the memorandum of appeal as persons whose names ought to appear in the record of rights; and such notice shall be accompanied by a copy of the memorandum of appeal.
(3)On the day fixed under sub-rule (2) for hearing the appeal or on any other day to which the hearing may be adjourned, the Revenue Divisional Officer shall, after hearing such of the parties who appear before him and such other persons to whom notice have not been sent but who appear and desire to be heard and after making such other enquiries as he deems necessary, pass an order-
(a)dismissing the appeal; or
(b)directing the Tahsildar to make such additions, alterations, deletions or modifications as are in the opinion of the Revenue Divisional Officer necessary in the record of rights.
(4)The Revenue Divisional Officer shall send a copy of his order under sub-rule (1) or sub-rule (3) to the Tahsildar who shall file it with the record of the case.
(5)When the Revenue Divisional Officer passes an order under clause (b) of sub- rule (3), the Tahsildar shall carry out the direction contained in the order in his own hand adding a footnote In the record of rights specifying the authority to make the modifications and furnish a copy of the record of rights as modified to the village officer of the village in which the land is situate.