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2011 Supreme(Ker) 65

K.T.SANKARAN
M. C. Thomas – Appellant
Versus
Sree Emoor Bhagavathy Devaswom – Respondent


Advocates Appeared:
For the Petitioners:Jacob P.Alex, Advocate.
For the Respondent: No Appearance.

JUDGMENT :-

1. The question of law involved in this Original Petition is whether a lease hit by Section 29 of the Madras Hindu Religious and Charitable Endowments Act, 1951 could be termed as an alienation so as to attract an application under SRO.No.718/78, which provides for a court fee of only `15/- for filing a suit for recovery of possession.

2. An extent of 327 acres of land belonging to Sree Emoor Bhagavathy Devaswom, Kallekulangara, Akathethara, Palakkad was taken on lease by the petitioner and seven others as per the registered lease deed dated 23.4.1969, executed between them and the trustee of the Devaswom. The lease deed authorizes cutting of trees for the purpose of planting the property with rubber. A lease rent of `5/- per acre was fixed for a period of six years from the commencement of the lease. Thereafter, an increased rent of `7.50 per acre was fixed. The lease was for a period of 36 years commencing from the date of lease.

3. The Department of Forests claimed that the property is a private forest which vested in the Government under the Kerala Private Forests (Vesting and Assignment) Act, 1971. The lessees filed applications before the Forest Tribunal claiming































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