Interpretation of Section 6C in Kerala Land Reforms Act 1963: Sankaan Nair v. Devaki Amma, Summaries of Law

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LAND

LAW

Topic: Sankaan Nair v. Devaki Amma 1996(2) KLT 901(SC)

INDEX

Content Page

no.

Introduction 02

Facts 03-

Question of law 06

Decision of the court 07 -

Conclusion 09

Bibliography 09

FACTS

The appellants, who are the heirs of deceased defendant no.2, have challenged the judgment and order passed by learned Single Judge of the Kerala High Court in Civil Revision Petition No.682 of 1980. The High Court rejected the contention of the original appellant defendant no. 2, in Original Suit No.241 of 1974 by which he claimed status of a deemed tenant as per the provisions of Section 6C of the Kerala Land Reforms Act, 1963 as brought on the statute Book by the Kerala Land Reforms (Amendment) Act. 1979 (hereinafter referred to as `the Act'). Having obtained special leave to appeal under Article 136 of the Constitution of India the present appeal has been filed by the original defendant no.2. The respondents herein are the original plaintiffs in the suit. A few relevant facts leading to these proceedings may be noted at the outset. The respondents-plaintiffs filed Original Suit No.241 of 1974 in the Court of Subordinate Judge at Trivandrum for partition of respondents, 5/6th share in the plaint schedule properties and for recovering the same from original appellant-defendant no.2 and his wife original appellant-defendant no. 1 with past and future mesne profits. The respondent-plaintiffs' case in short was that the suit properties originally belonged to one Krishna Pillai Madhavan Pillai. Said Madhavan Pillai by a settlement Deed of 1945 (1120 M.P.) decided that plaint properties A, B, C Schedule were to remain in possession and enjoyment of Shri Madhavan Pillai, his wife parvathi Amma and for the benefit of their children and said Parvathi Amma had to remain in possession as life estate holder. That said Madhavan Pillai

died in 1955 and his widow parvathi Amma and his son Krishnan

Nair succeeded to his properties. That Kerala Agrarian Reforms Act, Act I of 1964 was brought on the Statute Book on 1st April 1964. Said

Krishnan Nair died on 4th January 1968. Said Parvathi Amma by a registered deed is said to have leased out her properties on 10th January 1969 to her son-in-law, deceased appellant original defendant no.2. Widow of Shri Krishnan Nair and her children filed the aforesaid suit as plaintiffs nos.1 and 2 to 5 respectively in the Trial Court for partition and separate possession of their 5/6th share in the plaint schedule properties which were then in possession of original defendant no.2 In the said suit original defendant no.2 took up the contention that he was a tenant under the Kerala Agrarian Reforms Act. That question was referred to the Tenancy Tribunal under Section 125(3) of the Kerala Land Reforms Act for decision. The Tribunal held that original appellant-defendant no.2 was not a tenant under the Act and the Lease Deed in his favour was hit by Section 74 of the Kerala Land Reforms Act which totally barred creation of leases after 1.4.1964. The case of oral lease in his favour prior to 1.4.1964.Was also found to be not established. The Tribunal's decision was confirmed by the High Court on 31st March

1978. Appellant carried the matter to this Court. Special Leave Petition against the High Court's judgment was also dismissed by this Court on 28th August 1978. Thus the question of alleged tenancy of the appellant under the Lease Deed of 10th January 1969 finally got concluded against the appellant. In the meantime the Trial Court passed preliminary decree on 30th March 1976 and a receiver was appointed who took possession of the suit land from the appellant. Final decree was passed on 27th September 1978. Pursuant thereto the respondents obtained possession from the appellant through the receiver. Consequently final decree remained to be executed only for mesne profits and for that purpose the respondent filed Execution Petition against the appellant on 5th July 1979. Pending these execution proceedings for mesne profits Kerala Land Reforms (Amendment) Act, 1979 was brought on the Statute Book. As per Section 1 sub-section (2) thereof the said Amendment Act was deemed to have come into force on 7th July 1979. By the said Amendment Act Section 6C was inserted in the Kerala Land Reforms Act, 1963. The said provision reads as under:

1969 was inoperative in law as Parvathi Amma who was a life estate holder had no authority to create such a lease and Chapter II of the Kerala Land Reforms Act, 1963 did not apply to the facts of the present case in view of Section 3(1)(vi) which stated that tenancies in respect of land or of buildings or of both created by persons having only life interest or other limited interest in the land or in the buildings or in both, were not covered by Chapter II of the Act which included Section 6C. It is the aforesaid order of the learned Single Judge of the Kerala High Court that is brought in challenge by the original appellant by way of present proceedings. Pending this appeal original appellant died and his heirs have pursued this appeal.

QUESTION OF LAW

1. The legal validity of section 6 of the Kerala land reforms act
2. Whether the judgement of high court of Kerala can be maintained?

CONCLUSION

The judgment and order passed by learned Single Judge of the Kerala High Court in Civil Revision Petition No.682 of 1980. The High Court rejected the contention of the original appellant defendant no. 2, in Original Suit No.241 of 1974 by was challenged by the appellants. In the result this appeal fails and will stand dismiss in view of our aforesaid findings. In the facts and circumstances of the case there will be no order as to costs.

BIBLIOGRAPHY

1. https://indiankanoon.org/doc/1337952/

2. http://www.bareactslive.com/KER/ker062.htm