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High Court of Kerala
Alexander Thomas, J.
K B Augustine & Anr - Appellant
Versus
State of Kerala & Ors - Respondent
W.P.(C) No. 33280 of 2009
Decided On : 21-01-2016
Kerala Kannan Devan Hills (Resumption of Lands) Act 1971 -Sections. 3( 1), 3( 2) & 3( 3),4 9( 1), - Land - Vesting of - Assignment of lands - Whether vesting process from the appointed day will be subject to the provisions in Section 3(2) and 3(3) - Whether essential condition required for the land to come within the permissible zone of assignment - Held, Legislature has unequivocally mandated that such vesting process from the appointed day as per S.3(1) of the 1971 Act will be subject to the provisions in Ss.3(2) and 3(3) thereof. S.3(2) mandates that nothing in S.3(1) shall apply in respect of the four categories mentioned in Clauses (a) to (d) thereof, viz., (a) plantations, other than plantations belonging to trespassers; (b) buildings, other than buildings belonging to trespassers, and lands appurtenant to, and necessary for the convenient enjoyment or use of, such buildings; (c) play-grounds and burial and burning grounds; and (d) lands in the possession of the Central Government or any State Government or the Kerala State Electricity Board - The essential condition required for the land to come within the permissible zone of assignment under Section 9(1) is that it should be Section 3(1) vested lands other than Section 4 restored lands - If the land in question comes within the zone of any of the categories envisaged in S.3(2) or S.3(3) as on the appointed day, then such land would not fulfill the basic requirement of the lands vested under S.3(1) as on the appointed day and in such a case, such a land coming within S.3(2) or S.3(3) as on the appointed day, cannot be the subject matter of the land that can be assigned under S.9 and therefore the assignment of such S.3(2) or S.3(3) lands, will not be governed and regulated by the provisions of S.9 of the KDH Act, 1971 and the provisions of the aforestated KDH Assignment of Vested Lands Rules, 1977.
The legal document discusses issues related to land rights, land assignment, and the validity of land transfer proceedings under specific statutory frameworks. Regarding the right of a purchaser for value from a lessee, the key considerations are as follows:
Nature of the Lessee's Rights: The document indicates that the predecessor-in-interest of the petitioners acquired possession of the land based on kuthakappattom lease, which is a government grant for cultivation (!) (!) . Such leases are regulated by specific rules and have historically been recognized as a form of tenure that confers certain rights to possess and enjoy the land.
Validity of Land Transfers and Assignments: The document emphasizes that the land in question was assigned to the predecessor-in-interest through proceedings that, although deemed to be conducted by an incompetent officer, do not necessarily imply that the rights obtained are invalid per se. The land was enjoyed based on a valid lease arrangement, and the land was subsequently assigned (!) (!) .
Rights of a Purchaser for Value: While the document does not explicitly address the rights of a subsequent purchaser for value from a lessee, it highlights that the land was assigned and that the rights derived from such assignment are recognized under the relevant statutory rules. If a person has acquired rights in the land by way of a valid assignment or lease, and such rights are recognized and protected under the applicable laws, then a bona fide purchaser for value could potentially acquire a valid interest, subject to the validity of the original proceedings and the nature of the rights transferred (!) (!) .
Legal Framework Governing Transfer of Rights: The document underscores that the land assignment and lease rights are governed by specific statutes and rules, such as the Kerala Land Assignment Rules and the KDH Act, which regulate the conditions and procedures for land transfer. It also notes that the assignment of land under these rules is subject to procedural formalities, which, if properly followed, can confer enforceable rights on the assignee, including subsequent purchasers for value (!) (!) (!) .
Protection of Bona Fide Purchasers: Although not explicitly discussed, principles of property law generally recognize that a bona fide purchaser for value, who acquires rights in land in good faith and without notice of any defect, may have protected interests. However, in this context, the validity of such rights depends on whether the original assignment was made following proper procedures and whether the land was legitimately assignable under the applicable rules.
Summary: Based on the document, a purchaser for value from a lessee who holds a valid kuthakappattom lease and has obtained assignment rights in accordance with the relevant statutory procedures may have a protected interest in the land. However, the enforceability of such rights is contingent upon the validity of the original assignment proceedings and adherence to procedural requirements under the applicable laws. If the assignment was made in accordance with the law and the rights are recognized, then a bona fide purchaser for value could potentially acquire enforceable rights, subject to any ongoing legal proceedings or disputes related to the validity of the original lease or assignment.
Alexander Thomas, J.
1. The grievance projected in this Writ Petition is relating to regularisation of the title acquired by them by way of assignment proceedings pertaining to their ancestral property which is said to have a total extent of 43 cents comprised in Sy.No.212 of Kannan Devan Hills (KDH) Village. The possessory right in respect of the said property is stated to have been acquired by the maternal grandfather of the petitioner in the year 1930. The said maternal grandfather, by Ext.P-1 registered Will of SRO, Devikulam, executed on 6th Dhanu 1124 (ME) i.e., some time in the year 1949, had bequeathed the said possessory rights pertaining to that property to his daughter, Smt.K.B.Cicily, who is the mother of the petitioners. It is made clear in the recitals of Ext.P-1 registered Will that the possessors were enjoying a 'kuthakappattom lease'. Later, it appears that, the mother of the petitioners had made requisite application for assignment of the land. It is pointed out that, assignment was granted by the 3rd respondent initially in respect of 15 cents of land out of the said 43 cents and pursuant to this, Ext.P-2 patta was issued by the Additional Tahsildar, Devikulam, on 16.11.1999 in respect of the said 15 cents of land (6.07 ares). It is also pointed out that mutation was effected in the name of Smt.K.B.Cicily by allotting her Thandaper No.482 and land tax was accepted up to years 2003-04 as is discernible from Ext.P-3 land tax receipt dated 4.4.2003. It is further pointed out that later, the 3rd respondent-Tahsildar granted assignment in respect of another 15 cents of land, out of the aforestated total extent of 43 cents of land, as per Ext.P-4 order of assignment dated 23.5.2001. Ext.P-4 assignment order would show the boundaries of the said 15 cents of land in Sy.No.212 of KDH Village in Devikulam Taluk. The northern boundary in Ext.P-4 is shown as the land in possession of the applicant and another applicant, etc., and the southern boundary is shown as the property of one Sri.Nazeer and as well as the patta land of Smt.K.B.Cicily. It is urged by the petitioners that the land in possession of the applicant, Smt.K.B.Cicily, shown as northern boundary in Ext.P-4, is the balance unassigned land of 13 cents out of the 43 cents and that the patta land of Smt.K.B.Cicily shown as southern boundary in Ext.P-4 is the 15 cents of land for which patta has been granted as per Ext.P-2. It is pointed out that no further action was taken by the competent authorities to grant assignment of the balance 13 cents out of the 43 cents of land to the petitioners' mother. It is the case of the petitioners that their maternal grandfather had built a residential dwelling in the property covered by Ext.P-2, which forms part of the 43 cents of land, in 1930s and that Ext.P-5 building tax receipt dated 12.2.1964 issued by the Munnar Panchayat would clearly evidence that the building was in existence long ago in that property. Ext.P-6 is yet another building tax receipt issued by the Munnar Panchayat on 5.1.1983 evidencing door number and other details. Exts.P-5 and P-6 show the building number and other details of the said residential building. Smt.K.B.Cicily, the mother of the petitioners, had executed Ext.P-8 registered will dated 1.3.2006 before the Sub Registrar's Office, Devikulam, bequeathing the proprietary rights in respect of the said 43 cents of land in favour of the petitioners herein, who are her sons.
2. The land tax in respect of the land covered by Ext.P-2 patta was not being received by the Revenue officials concerned since 2004-05 and the formal patta was also not issued in respect of the land covered by Ext.P-4 assignment order and that no steps were taken by the authorities concerned for issuing assignment proceedings in respect of the balance 13 cents of land out of the 43 cents of land. Aggrieved by this, the petitioners have preferred Exts.P-7 and P-10 representations. The petitioners were intimated by Ext.P-1
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