Judgment

BEG, J.:- These appeals by special leave raise the question whether the Kerala High Court had correctly interpreted and applied S. 8 of the Kerala Govt. Land Assignment Act, 1960 (hereinafter referred to as the act) to the cases before us. This provision reads as follows:

"8. All provisions, restrictions, conditions and limitations over, contained in any Pattah or other document evidencing an assignment of Government land shall be valid and take effect according to their tenor, any rule of law or usage to the contrary notwithstanding."

2. The facts upon which the provision was sought to be applied are these: On 23 October, 1939, the Government of Travancore sanctioned a scheme for the reclamation of the Vimbana Lake upon terms and conditions which were set forth in a document dated 4 October, 1939. The agreement provided that one M. T. Joseph and his father on payment of Rs.10/- per acre, which were to be recovered in ten equal instalments, would be given possession of certain tracts of land which they undertook to reclaim. For the first two years after what is called the "Registry" of the names of two lessees no tax was to be levied. The "Registry" was liable to be cancelle