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SUPREME COURT OF INDIA
B.C.Ray : M.P.Thakkar
Koyappathodi Puthiyedath Ahammedkutty
Versus
State Of Kerala
Case No. : 220 of 1987
Date of Decision : 2/11/87
Kerala Land Reforms Act, 1963 – Section 51 - Restoration of possession – Claim of compensation - 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 S. 51 of the Kerala Land Reforms Act, 1963, the tenant concerned would be entitled to restoration of possession under S. 13-A of the said Act – Held, Expression dispossessed does not mean forcibly dispossessed. If the tenant was in possession on 1/04/1964, and has thereafter lost possession which cannot be supported under any provisions of the Kerala Land Reforms Act, S. 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 S. 51 of the Kerala Land Reforms Act, 1963, the tenant concerned would be entitled to restoration of possession under S. 13-A of the said Act. The expression dispossessed does not mean forcibly dispossessed. If the tenant was in possession on 1/04/1964, and has thereafter lost possession which cannot be supported under any provisions of the Kerala Land Reforms Act, S. 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.
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