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1 - 10 of 10 (0.19 seconds)The Code of Civil Procedure, 1908
Section 72B in Kerala Land Reforms Act, 1963 [Entire Act]
Section 13 in Kerala Land Reforms Act, 1963 [Entire Act]
Mammu vs Hari Mohan & Anr on 7 January, 2000
In the light of the decision in Mammu vs. Hari Mohan
(2000 (1) KLT 835(SC)) and in Baby vs. Travancore
Devaswom Board (1999 (1) KLT SC SN 1(C.No.1)) which are
heavily relied on by the learned counsel for the respondents, it is
clear that the High Court can go far beyond what is contemplated
under Section 103 and if it is satisfied that issues of fact have
been erroneously decided to the prejudice of one of the parties,
the court may be justified in interfering with the decision of the
R.P.No.372/2015 6
authorities below exercising its revisional jurisdiction.
Baby vs Travancore Devaswom Board & Ors on 6 November, 1998
In the light of the decision in Mammu vs. Hari Mohan
(2000 (1) KLT 835(SC)) and in Baby vs. Travancore
Devaswom Board (1999 (1) KLT SC SN 1(C.No.1)) which are
heavily relied on by the learned counsel for the respondents, it is
clear that the High Court can go far beyond what is contemplated
under Section 103 and if it is satisfied that issues of fact have
been erroneously decided to the prejudice of one of the parties,
the court may be justified in interfering with the decision of the
R.P.No.372/2015 6
authorities below exercising its revisional jurisdiction.
Section 102 in Kerala Land Reforms Act, 1963 [Entire Act]
Article 227 in Constitution of India [Constitution]
Kerala Land Reforms Act, 1963
P.P.Narayanan Nair vs The Kerala State Electricity Board on 14 October, 2011
3. To begin with, it was not Exts.A16 and A17 which were
produced before this Court which weighed with this Court. There
were many other facts also. It may be recalled that before
Thankamma filed a suit for partition, there was a suit for
redemption by two of the mortgagors without making other
mortgagors as parties and that the very same mortgagees
pointed out that they are entitled to fixity of tenure which was
accepted by the court and suit was dismissed. Obviously all the
mortgagors are bound by the said decision. It is in that context
R.P.No.372/2015 4
the claim of Thankamma that she obtained possession by the
partition suit will have to be considered. Obviously Thankamma
had only equity of redemption. Any right which she get from
partition suit can only be with reference to her share in equity of
redemption. This is fortified by the fact that there was a land
acquisition proceedings in which Thankamma received amount on
behalf of the mortgagors and she never received any single pai
as a person in actual possession of the property. If that be so, it
is clear that the claim that in the partition suit delivery was given
to her share cannot be accepted. Those were the main factors
which persuaded this Court to come to the conclusion that
Thankamma could not have been in possession of the property.
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