Land law – Kerala land Reforms Act 1963

Kerala Agrarian Relation Act, 1960 ( By Sec 132 of above Act this was Repealed)
Karimbil Kunhikannan v State of Kerala

Main Objects of the land Reforms Act , 1962

Prameswaran pilla v Narayanan nair- not only for agricultural land
Lakshmi v Kunhipperachan
Included virtue of 31A, Immune from Attak under 14 and 19
1. Fixity of tenure on Tenant & Resumption of land Lords
2. Uniform rate and Fair rent
3. Right to sue for Tenant – 2yrs no rent paid
4. Purchase right for cultivating tenant
5. Right and Liabilities for Kudikidappukaran
6. Impose ceiling on holding
7. Compensation for person surrendering land – excess of ceiling area to govt
8. Land Tribunal and board
9. Avoid intermediaries and encourage self-cultivation
Definition of Tenant
Sec 2(57)
1. Heir , assignee, legal representative who have agreed to pay
2. An intermediary
3. Kanamdar
4. Kuzhi kanamdar
5. Kanam- Kuzhikanamdar
6. Otti Kuzhikanamdar
7. Mulgenidar
8. Verumpattamdar
9. Chalgeni Lease
10. Kudiyiruppu
11. Kuzhichuveppum Kudiyirippum
12. karaima
13. Vaidegeni lease
14. Deemed Tenant (4,aa,5,6,6a,6b,7,7a-d,8,9,10)
15. Person presumed to be Tenant – Sec 11
Intermediary – sec 2(19)
Kanamdar – transferee in the transaction called kanam ( sec 2(22))
Micahavaram, renewal fee, customary dues
Varkey v Varghese – prove for consideration
Kanam – Kuzhikanamdar – Sec 2 (23) defines Kanam – Kuzhikanam
Transfer – kanartham , garden land 2(15)
Kuzhikanamdar – not defined – sec 2(28) defines kuzhikanam
Govida Swami v Lekshmi Amma – right to enjoy fruit not for kuzhikanam
Otti Kuzhikanamdar – treansferee in transferring Otti Kuzhikanam – not mortgage /no Nilam
Sec 2(39A) define otti kuzhikanam
Mulgenidar –Act defines Mulgeni – fixed invariable rent
Verumpattamdar v Customary Verumpaattamdar - sec 2(62) define verumpattamdar
Chalgeni lease – hosdurg and kasargod
Kudiyiruppu – Kuzhichuvaippum kudiyiruppum - sec 2(27A) – Malabar
Karaima : Sec 2 (23 A) define -kozhikode
Vaidegni Lease – term lease
Deemed Tenants
1. Sec 4 Odacharthudars and person claiming odacharthudars - cutting bamboo in Malabar
2. Sec 4A - Mortgage and lessees
3. Sec 5 Mortgage with possession
4. Sec 6 Mortgage holding land on Verumpattam
5. Sec 6A – Person Holding land on or after Dec 1930
6. Sec 6B- Mortgage in areas to which Malabar tenancy act extended
7. Sec 6C- Lessees made substantial improvements
8. Sec 7C- Person occupying land honestly believing to be tenant
9. Sec 7A- person using land more than 10 years
10. Sec 7B – leases granted by incompetent Tenant
11. Sec 7C- person who have paid amount for land
12. Sec 7D – occupying private forest – surveyed land
13. Sec 8 – cultivating on varam arrangement
14. Sec 9 – surrender leas but holding right
15. Sec 10: other deemed tenants , licensee, varamdar, vcechupakithadar
16. Sec 11: person who are presumed to be tenents – sambala chittudar,pattamdar
General Exceptions
Chapter II- Sec 3 to 80G
1. Land or building below to govt
2. Leases only of buildings, including a house , shop or warehouse and permission for
kudikiappu given is not to be deemed as a lease
3. Industrial or commercial purpose
4. Tenancies of Building by Official Trust ro receiver
5. Tenancies created by Mortgages
6. Tenancies by limited interest person
7. Leases of private forest
8. Tenancies extend 30 Acre
9. Tenancies by temple or mosque
10. Land for felling trees
11. Tapping trees and rubber
Right of Tenant to Fixity of Tenure
Sec 13
Sec 2 (17) – holding
Sec 2(29) – Land lord
Ouseph Lonan v Kochunarayanan Pisharody -efflux time, decree by landlord, still have right
Tenant who not have right sec 13(2)
1. A landlord who is a member of Armed force
2. Legal representative of member of armed force
Right of Restoration of Possession of persons Disposed
Sec 13 A and 13 B
1. Apply to land tribunal 6months from 1970
2. 13 B- Sold because of arrears of Rent
Right of Resumption of Landlords
1. Sec 14- Resumption for extension of place of public religious work
Padmanabha v Appu – collector certificate no enough, land tribunal need to be satisfied
2. Sec 15 – Resumption of construction of residential building- family
Sara Umma v Adam- husband have another land , not a rejection of application
3. Sec 16- Resumption for personal cultivation
4. Sec 16A- resumption by small holder ( sec 2 (52))
 Right of Tenant against Resumption
Sec 23 – cam apply against land tribunal
Definition of Fair Rent
Sec 27
Rent calculated based on schedule III

Cultivating Tenants Rights to Purchase landlord Right

Sec 53 to 64
Sec 2 (8)- Cultivating Tenant
Sec 53 – cultivating tenant right to purchase landlords right
Sec 54- application to tribunal
Spl provisions for Religious charitable and educational institution of Public nature or govt
Sec 65 to 71
Prohibition of Future Tenancies
Sec 74
Suhara v State of kerala – not valid after 1964, no tenancy created
Definition of Kudikidappukaran
Sec 2 (25) - define kudikidappkaran
• No homestead, no land exceeding 3 cents , 5, 10
• Build hut
• Occupy hut
Not Kuidikidappu
• More than three cents
• Exeeds 750
Mortgagee to Kudikidappu
• Annual income <2000
• No other residence
• In possession for mortgage property
Decision case
Gopalan v Chellamma – trespass not kudikidappu
Balan Menon v Omana- Tea shop, and then house not kudikidappu
Parvathy v State of Kerala – 8 cents, not violation,
Vasumathy v state – hut cost at time of building
Kochukunju nair v Koshy Alexander – share land, possession, enjoy, dispose
Parukuttyamm v Sarasamm – should be small hut
Right and Liabilities of Kudikidappu
1. Right to fixity - sec 75
2. Shifting of Kudikidappu – sec 77
Ayyappan v state of kerala- land tribunal need to check the place
Janaki v L Tribunal – daughter marriage valid
Vasudev shenoy v Kochappan – cinema theatre , canteen and car park is
valid
3. Right of Kudikidappu is heritable sec 78
4. Right to maintain , reconstruct and repair of the hut
5. Right to place electric supply
6. Right to place pipe water supply
7. Right to purchase kidukidappu sec 80
Definition of Ceiling Area – sec 81 to 98 A
Sec 82 (1) define ceiling Area

Number Std Acre extent

1 5 7-7.5
2+ 10 10 to 15
5+ 1+ excess of 5 12 to 20
Joint std acre 12 to 15

Exception sec 81 – govt, court land, factory, mills, KFC, society, plantation, private forest,
commercial, religious site, university etc
Surrender to Govt – sec 85 and 86
Assignment of Land – sec 95

Authorities under the act and their power

1. Land Tribunal – sec 99
2. Appellate Authority sec 99 A- Deputy collector
3. Taluk land board sec 100A – six member and deputy collector
4. Land Board sec 100- Dist Judge, board chairman- power of civil court, 1908
5. Revision by High Court

Bar of Jurisdiction of Civil Court – sec 125

Sec 125 (7) -grant no injunction under sec 3

KERALA REVENUE RECOVERY ACT 1968

Arrears of public revenue due on land
Sec- 68- recovery for other dues to govt also
Sec 71 – for other institutions has also the rights , KSFE,KSRTC,GCDA,KFC

Kerala Flour Mills v State of Kerala – unwritten contract cannot recover

S R Rice mills v State of Kerala – contract then valid

Time Barred Debt

A K Nanu v State of kerala – if limitation then cannot
Harikumaran nair v KSFE – time barred also possible
KFC ( fisheries) vPS John and others – time barred still recover

State of kerala v VR Kalliyanikutty – SC financial institution, time barred is valid, cannot

recover

Public Revenue Due on Land

Sec 2(j) define – public revenue due on land
Nedungadi bank v Tahaasildar , Ottapalam :- trade debt is not public revenue
Sec 2 (a) : define arrears of public revenue
Different Modes of Recovery
Sec 5
• Attachment
• Appointing agent management
• By arrest
SBT v Tahasildhar – bank right exist but still need to pay the public tax
Movable - Rules to be followed by Attachment and sale of Property
Sec 7 to 33
1. Demand Notice – sec 7
Nishad patel v State of Kerala – director of company not liable
2. Properties which cannot be attached sec 9
Janardhana Sarallaya v Special Deputy Thahasildar – pipe for water husbandary
3. Attachment shall not be excessive sec 9
4. Attachment and sale of movable property sec 8,10,11,12
Witness, list of inventory, day time, public auction, pay price in full, highest bidder
5. Attachment and sale of growing corps or ungathered products sec 12
6. Attachment of debt, shares or other movable not with defaulter sec 18
7. Attachment of decree
8. Attachment of share in movable property sec 21
9. Attachment of negotiable instrument
10. Attachment of property in custody of court or public officer
11. Attachment of partnership property
Omega Tyre Retrading v sales tax officer
12. Attachment of rent sec 25
13. Power to enter dwelling house

Immovable - Rules to be followed by Attachment Property

1. Demand Notice - sec 34
2. Mode of attachment – sec 36- affixing notice
3. Management of attached property
4. Sale of Immovable - sec 49
5. Bidding on behalf of Govt
6. Stay of sale- sec 51 – interest and cost process can claim
7. Setting aside sale of immovable property
a. By deposit – 5% - sec 52
b. Material irregularity
Asha v Dist Collector – no notice send
c. Confirmation of sale – after 30 days from dater of sale
Joseph v Thahasildar- after 30 days it’s not automatic confirmation ,
collector has right after 30 days
Arrest and Detention of Defaulter – Sec 65
1. Wilfully withholding payments
2. Dishonest behaviour , evade payment , transfer property
3. Fraudulent behaviour guilty,
4. Refuse to pay arrears
5. Not enough to liquidate the arrears
Joseph v State of Kerala - No violation or art 19 (1)(d)
Ghee Dee farkula v Dist Collector – material evidence and proof that defaulter is guilty

Kerala Govt Land Assignment Act, 1960

Only 9 Sections
Sec 7- Empowers govt to make rules
1. Wayanadu colonisation
2. Tobacoo cultivation
3. Rubber cultivation
4. Paddy cultivation
 5. Urban dwellers land assignments
6. Remote areas colonies
Definition of Government land
Sec 2(1)
Pappu v Board of Trustee – all lands held by license or lease , govt land

Procedure followed for assignment

Sec 3 - Govt assign land based on limitation or conditions or restrictions
Govind Rao v Dist collector – bunk constructed, for rent, is assignment
Procedure – Sec 4
1. Tahsildar or taluk office notify it as per public auction
2. if objection then, he should enquire
Parameswaran Pillai v State of Kerala – without notice is invalid
3. after 30 days assigned
4. entered in to the registry as per conditions
5. extend not more than 1 acre
6. liable to pay if extend
7. its heritable and alienable
State of Kerala v Bhaskaran Pillai – land acquired, after public purpose , put for auction
Pushpavally v State – land give for public purpose cannot challenge
Thadathil Varghese chaco v Govt kerala- if land needed later, cannot assign

THE KERALA SCHEDULE TRIBES ACT , 1975

Includes in the 9th Schedule
Bhavani v State of Kerala - challenged
The Kerala Restriction on transfer by and restoration of land of ST Act, 1999
o Restriction on Transfer – sec 4
o Transfer is Invalid – Sec 5
o Reconveyance of property – Sec 6(1)
o Sumoto action by Government for restoration
o Liability to pay amount -sec 8
o Provide grant for the payment – sec 9
o Offence and Penalties – sec 12
THE KERALA BUILDING ( LEASE AND RENT CONTROL ) ACT, 1965
Main Objective
• Regulate letting of building
• Unreasonable eviction of tenant
• Control rent and let out of building
Mani Subrat jain v Raja Ram Vohra – liberal construction and statutory purpose, benefit
of doubt for tenant

Definition of Building
Sec 2(1)
Gopalan v Roshni – shop is building, individual letting
Vidhyadharan v Narayanan Pillai – rooms in a hotel is exempted from the term building
Davies v Pennamm- hotel room, food cooked outside

Destruction of Building
Sidharthan v Ramadasan- building destroyed end of lease, tenant cannot build a new one
Kalpaka Amma v T Subramaniyan Iyer
 • Part of building also considered
• Even building destroyed the site exist the tenant exist
• Tenant cannot build without permission
Vannattankandy Ibrayil v Kunhabdulla hanjee – SC- over - ruled above
• Act protect the occupation of superstructure
• Not parts of the building

Definition of landlord
Sec 2(3)
Sukumara Pillai v Vasu pillai – arrears of rent, can file application for eviction sec 11(2)
Narayanan Nair v Chellappan Pillai – karyasthan cannot issue eviction, without consent of
real owner
Definition of Tenant
Sec 2(6)
Anand Vivas v Anandji – occupation , statutory tenant
Prasannan v haris – Legal heir is also statutory tenant
Goerge peter v Sasi – legal heir get all rights
Kunjunnu Pillai v Viswambharan-lease deed expired, 7 yrs stayed and rent paid, doesn’t
measn that new agreement , can wait for 12 yrs
Komath v Chandran – subtenant cannot get protection

Determination of fair rent

Sec 5
Application to Rent control court, they will fix the Rent
Right to receipt – sec 9
Issac Ninan v State of Kerala – sec 5,6,8 violation of Art 14, 19(1)(g) and 21

Edger Ferus v Abraham ittycheria – sec 5 will maintain

• Sec 5(1) would remain -rent control to fix fair rent
• Payment of rent in part, pakidi not acceptable and valid
• Controlling rent enhancement is violation under art 21
• John Zacharia;s case – expiry of agreement and paying the same rent not good law
• Approach rent control for rent increase
• Consider inflation , availability etc for fixing rent
• Cost for construction etc
• Annual rental value
• Prevailing rent in the locality

Ground for Eviction of Tenants

Sec 11
First Provisio – not applicable for govt
Sec Provisio – Tenant denies landlord title- civil court
PM Prathap Kumar v Ajith Viswanathan – Title case
Sainaba v Shamsudeen – daughter gift, tenant no rights, tenant defacto, landlord dejure
Hajira Umma v Razak – after tenant expiry, still tenant, civil court no jurisdiction to eviction
Gopalan v Madhavan- arrears collection, power of civil court
Narayanan Bhat v Lalan – Rent control has jurisdiction to evict sub structure along with
main
Following Grounds
1. Arrears of rent Sec 11(2)
Chinnaam v gopalan – arrears till the date of deposit not needed
Chellamm v cicey- SC ordered and over ruled above and said need to pay till
the date of deposit
Radha Krishna v Gopal modi – furniture rent Is not valid
Suhara v Abdul shukkur – transfer the property and rent, so no right for
eviction notice
Karthyayani v SNDP – period can be extended
Regunathan v KV Varghese – arrears from deposit, so no eviction
2. Own Occupation sec 11(3)
SJ Ebenzer v Velayudhan- need to prove its valid request
Eliamma Chacko v leela Karunakaran – daughter, new building
Thevara co-op consumer store v Jose- landlords mother own house, so claim
cannot be denied
Raghavan v Balamohan – doctor livelihood
AVM Ltd v Dr Sunil shenoy – company then no livelihood
3. Sub letting Sec 11(4)(I)
Krishnan v Vijayaraghavan – if subletting proved then right for eviction
Thomas v Kochammini Amma – if known subletting and getting rent then
not valid for eviction
Vipin Chandran v Xavier – notice issue, sub-lease
Tresa v Joseph – transfer of right
4. Destruction or reduction or alteration of Utility of Building material sec 11(4)(II)
Lakshmi v Labbah Kunju Ammer hamsa- minor alteration not valid
Micheal v parmara group Devaswom- substructure – outside ,valid
Gurumoorthy v Lakshmy bai – major work, utility, reduce value , valid
5. Tenant has another building sec 11(4)(3)
Varghese ittop v Jossie - another building then valid
Ahammed v Krishnalal – another building and prove not reasonable, then
claim can be blocked
6. Reconstruction sec 11(4)(4)
CSI Trust Asso v State of kerala – valid
Leelamma v Madhvan – musnif court , reconstruction by tenant , not
maintainable
Jamal v Safia Beevi -misjoinder, single for various tenant
7. Tenant ceased to occupy – six months - sec 11(14)(5)
Bhargavi Amma v Stephen – some items , not valid
8. Renovation Sec 11 (6)
Bobby Cyriac v Mohamood -
9. Own occupation of religious, charitable, educational or public institution
sec 11((7)
YMCA v Jacob – no protection under seven
Micheal v parmara group Devaswom- substructure – outside ,valid
10. Additional accommodation – Sec 11(8)
Davis v Sebastain – more space for livelihood and business
Shamsudeen v Dist collector- only if landlord occupying some part
Ratnakaran v Rosy - mere possession cannot attract
Bonny v Koshy P John – tenant cannot restrict landlord to live small area
Execution of Order
Sec 14 – Munsiff court – building situated area
Kolappan Achari v Haneef – CPC 1908 applicable

KERALA LAND UTILIZATION ORDER, 1967

1. Power to hold land for growing corps - clause 3
2. Power of collector to issue notice to cultivation land – clause 4
3. Power of collector to sell the right to cultivate land – clause 5
4. Power of collector to direct cultivation of food corps - clause 6
5. Appeals

KERALA LAND CONSERBVANCY ACT , 1957

Sec 3- Property of govt
Sec 4- Definition of poramboke
Sec 5 – Occupant
Sec 5.1 Property of govt not to be occupied without permission
Sec 11- Eviction of unauthorized occupant

THE LAND ACQUISITION ACT ,1894

For fair compensation, transparency, Rehabilitation, Resettlement
• Public purpose – sec 3(f)
• And for companies – sec 3(e )
Procedure followed for – Public Purpose
1. Preliminary notification publication – sec 4(1)
News paper, gazette, place of occurrence
Susanna v State of Kerala – three modes of publication
Sagaran v Dist collector- no delay- and no need to be at the same time , violation
2. Power of officers – sec 4(2) – survey, cutting trees. Boundaries , mark level
3. Hearing of Objections Sec 5(A)
Rambhai v State of Gujarat – hearing is mandatory SC
Kerala vyapai vyavasai ekopana Samithi v Velloor panchayat- no link ,no claim
4. Declaration of Intended Acquisition – Sec 6
R Bhakt v State of Gujarat - Cannot done after 1 year of notice
Subhash Chandran v Guruvayoor Devaswom
5. Direction of Collector to take order for Acquisition- sec 7
6. Enquiry in to collector award- measurement, value, claims – sec 11
K Shapoor chenai v Asst controller of Estate- collector award was an offer
7. Power to take Possession sec 16
In Northern India Glass Industries v Jaswanth Singh – SC- after possession , its free
from encumbrance , land owner don’t have any rights
Special Power case of urgency – sec 17
Pankajakshi v State of Kerala – not for a company
Reference to Court – sec 18
Application to collector – with objection – 6 weeks
Sec 19- collector refer to court
Sec 20- court issue notice to both parties
Sec 23- 30% solatium
Sec 21 to 28 – define the proceedings of court and formalities
Sunder v Union of India – not compensation alone, need to get interest , and solatium
Eminent Domain
sovereign to acquire private land for a public use, provided the public nature of the usage
can be demonstrated beyond doubt.
• Welfare of the People
o Salus populi suprema lex (Is the Paramount Law)
• Public Necessity
o Necessitas publica major est quam (Public Necessity Is Greater Than Private
Necessity)
Article 300-A, which provided that "no person shall be deprived of his property save by
authority of law"
sKesavanandaBharati vs State of Kerala