Judgement

BALAKRISHNA ERADI, J.:- After hearing Counsel appearing on both sides we do not find any merit in this appeal and the Special Leave Petitions.

2. The sole question raised before us in the appeal concerns the interpretation of S. 7D of the Kerala Land Reforms Act, 1963 - Act 1 of 1964 - as amended by Act 35 of 1969. That Section reads -

"7D. Certain persons occupying private forests or unsurveyed lands to be deemed tenants. - Notwithstanding anything to the contrary contained in Section 52 or any other provision of the Transfer of Property Act, 1882, or any other law, or in any contract, custom or usage, or in any judgment, decree or order of Court, any person in occupation at the commencement of the Kerala Land Reforms (Amendment) Act, 1969, of the land of another situate in Malabar, to which the provisions of the Madras Preservation of Private Forests Act, 1949 (XXVII of 1949), were applicable on the 11th day of April, 1955 or which was unsurveyed on that date, shall be deemed to be a tenant if he or his predecessor-in-interest was continuously in occupation of such land for not less than two years within a period of twelve years immediately preceding the 11th day of April, 1967."

3. The High Court has taken the view that the benefit of the above section would apply only to persons whose occupation of the private forests or unsurveyed lands had a lawful origin and not to persons in unlawful occupation based on trespass or forcible and unlawful entry. We are of opinion that the said interpretation placed by the High Court on the section is perfectly correct.

4. For a proper understanding of the scope and intendment of S. 7D, it is necessary to examine the setting and the context in which the said section occurs in the Act. This will require a conjoint study of the provisions contained in Ss. 7A to 7C and Ss. 8 and 9 of the Act which immediately precede and succeed S. 7D. Those sections are in the following terms :-

"7A. Certain persons occupying land for not less than ten years to be deemed tenants. Notwithstanding anything to the contrary contained in Section 52 or any other provision of the Transfer of Property Act, 1882, or any other law, or in any contract, custom or usage, or in any judgment, decree or order of Court, a person shall be deemed to be a tenant in respect of the land of another in his occupation if-

(a) he or his predecessor-in-interest occupied such land believing it to be the property of the Government;

(b) subsequent to such occupation such land has become the property of such other person as a consequence of any judgment, decree or order of any civil Court, and

(c) such land has been in the continuous occupation of such person for a period of not less than ten years preceding the commencement of the Kerala Land Reforms (Amendment) Act, 1969.

Explanation I - In computing the period of occupation of a person for the purposes of clause (c), the period during which the predecessor-in-interest or predecessors-in-interest of such person was or were in occupation shall also be taken into account.

Explanation II - For the purpose of this section, a person shall be deemed to be in continuous occupation notwithstanding any order of Court for delivery of possession to another person or any Court record of dispossession.

7B. Certain persons occupying lands under leases granted by incompetent persons to be deemed tenants.- (1) Notwithstanding anything to the contrary contained in any law, or in any contract, custom or usage, or in any judgment decree or order of Court; any person in occupation of the land of another at the commencement of the Kerala Land Reforms (Amendment) Act, 1969, on the basis of a registered deed purporting to be a lease deed, shall be deemed to be a tenant if he or his predecessor-in-interest was in occupation of such land on the 11th day of April, 1957, on the basis of that deed, notwithstanding the fact that the lease was granted by a person who had no right over the land or who was not compet