Sudhakaran vs K. Padmanabhan

V. Chitambaresh, J.—The court below has by the order impugned condoned the delay in filing an appeal u/s 102 of the Kerala Land Reforms Act, 1963. The respondent had filed a suit for declaration and recovery of possession of the property against the petitioner. The petitioner thereupon filed an objection statement dated 31.03.2010 in the application for injunction in the suit. The respondent read the objection statement on 17.04.2010 and knew that the petitioner is relying on a purchase certificate in S.M.P. No. 2057/1976 of the Land Tribunal, Kodungallur. The respondent is admittedly not a party to the proceedings of the land tribunal. The respondent thereupon preferred an application for obtaining the certified copy of the order of the Land Tribunal.

The respondent preferred the appeal u/s 102 of the Kerala Land Reforms Act on 22.05.2010. There is no laches on the part of the respondent in preferring an appeal against the order issuing certificate of purchase. The objection to the application for injunction was filed only on 31.03.2010. The application for obtaining certified copy of the order was preferred on 19.04.2010. The appeal was filed on 22.05.2010 on the basis of the purchase certificate itself. The petitioner could not impute knowledge to the respondent at any point of time earlier. The mere fact that 33 years and 87 days had elapsed in the meanwhile is of no consequence. The purchase certificate in S.M.P. No. 2057/1976 was obtained behind the back of the respondent. The appellate authority was therefore perfectly justified in condoning the delay in filing the appeal. The merit of the case is yet to be considered by the Appellate Authority, Land Reforms, Thrissur. No error of jurisdiction exists in the order impugned.

The Original Petition fails and is dismissed.