State Of Kerala vs Fr.Xavier Karuvallil on 30 June, 2009
19. Now coming to the next question relating to
section 106B of the Act, the learned Government Pleader
submits that Kerala Land Reforms (Tenancy) Amendment
Rules, 2015 has been promulgated as per SRO No.197/2015
and notified in the Gazette on 28/3/2015 by which the Kerala
Land Reforms (Tenancy) Rules, 1970 has been amended
CRP No.590/2010
-:34:-
incorporating Rule 122A, by which any person claiming to be
a deemed tenant under Section 7E of the Act is entitled to
file an application before the Land Tribunal within six
months from the date of publication of such Rules.
Necessary format for obtaining certificate of title also forms
part of the said notification. She also relies upon judgment
dated 17/1/2012 of the learned Single Judge of this Court in
OP(C) No.47/2012 wherein it is held that the consideration of
the question as to whether the person is deemed tenant
under Section 7E of the Act is outside the domain of
consideration of the TLB as it has to be considered by the
Tribunal. The contention is that the TLB ought not have
considered the claim under section 7E, without there being a
purchase certificate issued by the Land Tribunal under
section 106B of the Act. This issue, in fact is considered by a
learned Single Judge of this Court in Rajeev v. District
CRP No.590/2010
-:35:-
Collector (2014 (4) KLT 209), wherein, after referring to
Section 7E read with Section 106B, learned Single Judge held
at para 10 as under;