Koyappathodi Puthi Yedath Ahammedkutty. Vs. State of Kerala & Ors.
EmailAppeal: Special Leave Petition (Civil) No. 220 of 1987.
Petitioner: Koyappathodi Puthi Yedath Ahammedkutty.
Respondent: State of Kerala & Ors.
Apeal: Special Leave Petition (Civil) No. 220 of 1987.
Judges: M.P. THAKKAR & B.C.RAY, JJ.
Date of Judgment: Feb 11, 1987
Head Note:
KERALA LAND REFORMS ACT, 1963:
Section 13 -A and 51 -Surrender made contrary to the provision – Tenant entitled to restoration of possession – The expression ‘dispossessed’ does not mean forcibly dispossessed.
JUDGEMENT:
ORDER
1. The High Court by an excellent judgment well-considered and well-reasoned, has concluded that when a surrender is shown to have been made contrary to the provision contained in Section 51 of the Kerala Land Reform Act, 1963 , the tenant concerned would be entitled to restoration of possession under Section 13-A of the Act. The expression ‘dispossessed’ does not mean forcibly dispossessed. If the tenant was in possession on April, 1, 1964, and has thereafter lost possession which cannot be supported under any provision of the Kerala Land Reforms Act, Section 13-A would be attracted and the tenant would be entitled to restoration of possession. We, therefore, confirm the findings of the High Court and dismiss the Special Leave Petition.
Petition dismissed.
1. The High Court by an excellent judgment well-considered and well-reasoned, has concluded that when a surrender is shown to have been made contrary to the provision contained in Section 51 of the Kerala Land Reform Act, 1963 , the tenant concerned would be entitled to restoration of possession under Section 13-A of the Act. The expression ‘dispossessed’ does not mean forcibly dispossessed. If the tenant was in possession on April, 1, 1964, and has thereafter lost possession which cannot be supported under any provision of the Kerala Land Reforms Act, Section 13-A would be attracted and the tenant would be entitled to restoration of possession. We, therefore, confirm the findings of the High Court and dismiss the Special Leave Petition.
Petition dismissed.
