K. HARILAL, J.

1. The questions, that arise for consideration in this O.P.(C) are: (1) Has the buyer, who entered into an agreement for sale with the seller, the right to get impleaded in an application filed by the seller, against the Government, under Section 10 of the Kerala Forests (Vesting and Management of Ecologically Fragile Land) Act 2003 (herein after referred to as 'the EFL Act') seeking a decree declaring that the application schedule property is not an ecologically fragile land and to set aside the order passed against the seller. (2) Does an agreement for sale of an immovable property by itself create a charge in favour of the buyer at the inception of the agreement itself, on the seller's interest in the property, to the extent of advance purchase money paid by the buyer under Section 55(6)(b) of the Transfer of Property Act.

2. The petitioner herein is the applicant in O.A No.5/2009, filed before the Court of the Tribunal for EFL Cases, Kozhikode. The aforesaid O.A was filed, seeking a decree declaring that the application schedule property is not an ecologically fragile land and to set aside the order dated 18.06.2009 passed by the 2nd respondent herein, wh