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1966 DIGILAW 67 (KER)

AMMAD HAJI v. KELU

1966-02-24

K.K.MATHEW

body1966
Judgment :- 1. This is an application for quashing an order (Ext P3) by which the Land Tribunal, Tellicherry, dismissed the application of the petitioner to set aside an order passed exparte fixing the fair rent. The Land Tribunal dismissed the application on the ground that it will not come within the scope of S.132(4) (ii) of Act I of 1964. 2. The petitioner's counsel referred to R.182 of the Kerala Agrarian Relations Rules, 1961, and submitted that under the rule the Land Tribunal could pass an order setting aside the exparte order. Rule 182 reads: "In all proceedings before the Land Tribunal and the Land Board, the procedure prescribed as regards applications in the Code of Civil Procedure shall, as far as can be made applicable, be followed except to the extent otherwise provided in the Act or in these Rules". This rule, in my opinion, will not authorise the Land Tribunal to set aside an order for fixation of fair rent, passed exparte. I can therefore see no error of law apparent on the face of Ex. P. 3 order. 3. If the petitioner has got a right of appeal against Ext P; 3 order it will be open to him to file an appeal. The writ petition is disposed of as above. No costs.