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2010 Supreme(Ker) 517

S.SIRI JAGAN
Pavakkal Noble John – Appellant
Versus
Kerala State – Respondent


Advocates Appeared:
For the Petitioner:K.V. Pavithran, Jayanandan Puthiyaveettil, Advocates. For the Respondents:Grashious Kuriakose, Advocate, M.A. Asif, Government Pleader. For the Amicus Curiae: T.R. Ravi.

Judgment :

S. SIRI JAGAN. J.

1. In India, particularly Kerala, land scams are in the increase. Bogus pattas, sale deeds executed by persons other than the actual owners of the property, grabbing of government property etc. have been coming to light frequently during the last few years. It has been proved to be extremely difficult to contain this menace. The imbroglio of Munnar lands, which continues to vex the executive indefinitely, is the classic example on point. Legislatures of many States, including the State of Kerala, have brought in amendments to the Registration Act to counter this menace by insisting on photographs and thumb impressions of both the sellers and purchasers in the sale deeds presented for registration. It is in this backdrop that courts are experiencing another malpractice in the real estate sector, in the form of sellers getting deeds of cancellation of the sales registered on some pretext or other, some of them years after the execution of the sale deeds, creating a serious situation for bona fide purchasers having to inhabit the corridors of civil courts for years to get such illegal cancellation deeds, got registered taking advantage of the loopholes in t











































































































































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