Supreme Court of India · 2008-03-03
NAJEEB vs STATE OF KERALA
- Citation / case number
- SC 2001/3839
- Court
- Supreme Court of India
- Petitioner
- NAJEEB
- Respondent
- STATE OF KERALA
- Author
- ARIJIT PASAYAT
- Bench
- DR. ARIJIT PASAYAT,P. SATHASIVAM,AFTAB ALAM
Judgment text excerpt
The Supreme Court upheld the decision of the Kerala High Court regarding the applicability of the Kerala Land Reforms Act, 1963, specifically Section 103, which allows for a revision of orders made by the Taluk Land Board. The Court clarified that the Taluk Land Board must consider only the land held by the declarant as of January 1, 1970, and that the burden of proof lies on the declarant to demonstrate that certain lands were Wakf properties. The Court affirmed the High Court's directive for a re-examination of the claim regarding the land set apart for a Madrassa, emphasizing the need for reliable evidence to support the exclusion of such land from the declarant's holdings.