1. Whether a person who acquired uninterrupted possession of a land under an agreement for sale on payment of consideration from the declarant entitled to the benefit of 'deemed tenancy' ? This question arises in the context of the interpretation of Section 7E of the Kerala Land Reforms Act, 1963 (hereinafter referred to as 'the Act' only).

2. The fourth respondent declarant was directed to surrender an extent of 6.37 acres of land as in excess of his ceiling area by the order of the Taluk Land Board which has become final. It is reported that excess lands have already been taken possession of in satisfaction of the liability though not distributed to the landless hitherto. The petitioner who was not a party to the order of the Land Tribunal filed an application under Section 85 (8) of the Act raising a claim. The petitioner contended that he was put in possession of 4.81 acres of land in Survey No.2522 under an agreement for sale dated 22.1.1997 with the declarant. The petitioner added that he had parted with a consideration of Rs. 2 lakhs in favour of the declarant even though the agreement for sale was not followed by a sale deed. The Taluk Land Board did not accept the plea of the petitioner for the reasons that the original of the agreement for sale was not produced and that possession pursuant thereto was not established.

3. The petitioner points out that sufficient opportunity was not afforded to him to summon the original of the agreement for sale from the civil court where it is produced. The petitioner contends that there is no warrant to confine the benefit of Section 7E of the Act to persons in possession under registered deeds only. The State on the other hand asserts that the benefit of 'deemed tenancy' cannot be extended to a person in possession of land under an alleged agreement for sale. The State refutes the claim of possession made by the petitioner and refers to the statement dated 5.1.2009 filed by the declarant with the District Collector earlier.

4. I heard Mr.K.Jayesh Mohankumar, Advocate on behalf of the petitioner and Mrs. Suseela R. Bhat, Special Government Pleader on behalf of the State.

5. The claim of 'deemed tenancy' put forth by the petitioner is rested on Section 7E of the Act (inserted by Act 21 of 2006) and the same is extracted hereunder:-

“7E. Certain person who acquired lands to be deemed tenants:-

Notwithstanding anything to the contrary contained in Section 74 or Section 84 or in any other provisions of this Act, or in any other law for the time being in force or in any contract, custom or usage, or in any judgment, decree or order of any Court, Tribunal or other authority, a person who at the commencement of the Kerala Land Reforms (Amendment) Act, 2005, is in possession of any land, not exceeding four hectares in extent, acquired by him or his predecessor-in-interest by way of purchase or otherwise on payment of consideration from any person holding land in excess of the ceiling area, during the period between the date of the commencement of the Kerala Land Reforms Act, 1963 (1 of 1964), and the date of commencement of the Kerala Land Reforms (Amendment) Act, 2005, shall be deemed to be a tenant.” (emphasis supplied)

The extent 4 hectares has been reduced to 1 hectare 61 Ares and 87 Sq.meters (4 acres) by the Kerala Land Reforms (Amendment) Bill, 2013 and the Amendment Act is awaiting presidential assent.

6. The following pre-requisites have to be satisfied before claiming the benefit of 'deemed tenancy' under Section 7E of the Act:

i) The claimant should be in possession of the land not exceeding the permissible extent.

ii) The possession should have been acquired by the claimant or his predecessor-in-interest.

iii) The acquisition should be by way of purchase or otherwise on payment of consideration.

iv) The acquisition by the claimant should be from any person holding land in excess of his ceiling area, and

v) The acquisition should be during the period between the date of c