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1989 Supreme(Online)(Ker) 27

KERALA HIGH COURT
, J
ATHIRA SEVA SANGOM v. THE STATE OF KERALA AND ANOTHER


1This revision arises from the Suo Motu Proceedings 1464 of 1982 of the Land Tribunal, Ottapalam, under S.72(C) of the Kerala Land Reforms Act .

2Petitioner claims to be the tenant in possession of the disputed property measuring 300 acres in extent. This property belonged to the second respondent Devaswom. Devaswom leased the same to the petitioner as per lease deed dated 21-2-1964. The property admittedly was "forest land' within the meaning of The Madras Preservation of Private Forests Act, 1949. The parties obtained permission from the Collector before the lease was executed. Similarly, the requisite permission of the Commissioner of Hindu Religious Endowment functioning under The Madras Hindu Religious and Charitable Endowments Act, 1951 was also obtained before the deed was executed.

3On getting notice from the Land Tribunal, the petitioner and the second respondent landlord entered appearance. The second respondent contended that the claim of the petitioner for the assignment of the right, title and interest of the landlord was liable to be rejected for the reason that the lease under which the petitioner was holding the property had become invalid on the cancellation of the





























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