The High Court of Kerala dismissed a civil revision petition challenging the Appellate Authority's dismissal of the petitioner's appeal against a deceased father's purchase certificate. The court held the challenge meritless and the prior order unassailable.
The revision petition was dismissed; the order of the Appellate Authority is affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN
TUESDAY, THE 15TH DECEMBER 2009 / 24TH AGRAHAYANA 1931 CRP.No. 650 of 2009 --------------------AA.32/1993 of APPELLATE AUTHORITY (LR), KANNUR OA.3025/1971 of LAND TRIBUNAL (NO.II), KASARGOD
REVN. PETITIONER/APPELLANT/LR OF ORIGINAL RESPONDENT:
--------------------------------------------------------------------K.KRISHNA BHAT, S/O. K.GANAPATHI BHAT, KARUVAJE HOUSE, BAYAR VILLAGE P.O., DHARMATHADKA, KASARGOD TALUK.
BY ADV. MR.SURESH KUMAR KODOTH
RESPONDENTS/RESPONDENTS/PETITIONER AND LRs:
ADV. MR.K.G.GOWRISHANKAR RAI FOR R1 TO 7 MR. P.K.RAVIKRISHNAN, GP FOR R8.
THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 15/12/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
S.S.SATHEESACHANDRAN, J.
C.R.P.No.650 of 2009
Dated this the 15th day of December, 2009
O R D E R
Challenge raised in the revision is against the judgment rendered in E.A.No.32 of 1993 passed by the Appellate Authority, (LR) Kannur. Predecessor of the respondent was issued a purchase certificate in respect of the property covered by O.A.No.3025 of 1971 by order dated 16.2.1976 by the Land Tribunal No.II, Kasargode. Proceedings in the O.A. culminating in the order was passed with the predecessor of the present petitioner, his father, the landlord, as the respondent, who was the then manager of the family. Order issuing purchase certificate was sought to be assailed in appeal by the present petitioner with a petition to condone delay of 17 years. That appeal after hearing both sides was dismissed by the Appellate Authority under the impugned judgment. Correctness and propriety of that judgment is challenged invoking the revisional jurisdiction vested with this Court.
C.R.P.No.650 of 2009
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C.R.P.No.650 of 2009
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petitioner against the issue of the purchase certificate in favour of the predecessor of the respondent is unassailable.
There is no merit in the revision, and it is dismissed.
S.S.SATHEESACHANDRAN, JUDGE.
bkn/-
2 issues framed by the court
Whether the revision against the Appellate Authority's dismissal of the challenge to the issue of purchase certificate has merit.
Whether the petitioner's claim to the property based on a partition deed can override the prior purchase certificate issued to the predecessor.
K. Krishna Bhat
Pollunji
Manhanna Moolya
Mani Moolya
Devaki
Rama Moolya
S.S. Satheesachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
