Occupants may gain tenancy rights under S.7D if they prove lawful possession and related conditions outlined in the Kerala Land Reforms Act.

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 sanction accorded by the H.R. & C.E. Commissioner by the Government in the meantime. The writ petition challenging the said order of the Government was also dismissed. Petitioner nonetheless contended that in any view of the matter, the petitioner must be deemed to be a tenant within the meaning of S.7, 7C and 7D of The Kerala Land Reforms Act and as such entitled to the assignment.

4The Land Tribunal dismissed the petition, which order has been confirmed by the Appellate Authority, before which the petitioner had challenged the same, by the judgment under attack.

5Though the petitioner contends that the petitioner is entitled to the benefit of S.7 and 7C, the said contention I am constrained to reject for the reason that the facts and circumstances of the case do not attract those sections. The only other question that survives for consideration is, whether the petitioner is entitled to the benefit of S.7D of The Kerala Land Reforms Act?

6I shall now read S.7D (leaving out unnecessary portions thereof):
"Notwithstanding anything to the contrary contained in S.52 or any other provision of the Tribunal of Property Act, 1882, or any other law, or in any contract, custom or usage, or in any judgment, decree or order of court, any person in occupation at the commencement of the Kerala Land Reforms (Amendment) Act, 1969, of the land of another situate in Malabar to which the provisions of the Madras Preservation of Private Forests Act, 1949 (XXVII of 1949) were applicable on the 11th day of April, 1955, shall be deemed to be a tenant if he or his predecessor in interest was continuously in occupation of such land for not less than two years within a period of twelve years immediately preceding the 11th day of April, 1967". A person therefore should establish:
(i) he is a person in occupation at the commencement of the Kerala Land Reforms (Amendment) Act, 1969 of the land of another,
(ii) the said land shall be situated in Malabar to which the provisions of the Madras Preservation of Private Forests Act, 1949 were applicable on the 11th day of April, 1955, and
(iii) he or his predecessor in interest shall continuously be in occupation of such land for not less than two years within a period of 12 years immediately preceding the 11th day of April, 1967.
If these conditions are satisfied, the said person will be deemed to be a tenant notwithstanding anything to the contrary contained in any of the provisions of the Transfer of Property Act or any other law or in any contract, custom or usage, or in any judgment, decree or order of the court.

7Construing S.7D, the Supreme Court in K.M. Mathew and another v. Hamsa Haji and others (AIR 1987 SC 1326) has held thus:
"On a careful scrutiny of the aforesaid provisions, it becomes abundantly clear that the intention of the leg