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2010 Supreme(Online)(KER) 2304

HIGH COURT OF KERALA
S.S.SATHEESACHANDRAN, J
A.RAJAN – Appellant
Versus
T.K.KUMARI KAMALAM – Respondent


Advocates:
SRI.M.GOPIKRISHNAN NAMBIAR 2) A.SAMINKUTTY

Judgement Key Points

The legal document indicates that a purchase certificate issued under the Kerala Land Reforms Act is considered conclusive evidence of property rights, which restricts the jurisdiction of civil courts to question the validity of such certificates or to impose injunctions against transfers that are void under the Transfer of Property Act (!) (!) . It emphasizes that the conclusive nature of the purchase certificate prevents civil courts from examining allegations of fraud or correctness of the certificate, and any attempt to restrain property transfer through injunctions may violate public policy as enshrined in the Transfer of Property Act (!) .

Furthermore, the document highlights that injunctions restraining property transfers are subject to statutory limitations, specifically noting that any restraint on alienation, even for a limited period, could be void if it contravenes provisions of the Transfer of Property Act (!) . It also underscores that courts should carefully consider the statutory provisions and the scope of their jurisdiction when dealing with property disputes under the Kerala Land Reforms Act, especially in relation to the issuance of purchase certificates and the enforceability of injunctions (!) (!) .

In summary, the dictum derived from the document suggests that civil courts should recognize the conclusive nature of purchase certificates under the Kerala Land Reforms Act and refrain from issuing injunctions that interfere with property transfers protected under the Transfer of Property Act, unless specifically authorized by law. The courts are also advised to examine the jurisdiction and statutory limitations carefully before granting such relief, ensuring compliance with the relevant statutes and public policy considerations (!) (!) .


J U D G M E N T

The defendants in O.S.No.33 of 2007 on the file of the Munsiff Court, Kozhikode has filed this writ petition challenging Ext.P5 judgment rendered by the learned District Judge, Kozhikode confirming Ext.P4 order of injunction passed by the learned Munsiff, Kozhikode-II, restraining the petitioners/defendants from alienating the plaint property till disposal of the suit.

2. Short facts giving rise to this writ petition may be summed up thus:

The respondent/plaintiff instituted the above suit for a decree of perpetual prohibitory injunction restraining the defendants from creating any document of transfer over the plaint property on the basis of the pattayam issued by the Land Tribunal and from inducting any stranger into the property till the final disposal of the proceedings under the Kerala Land Reforms Act, for short, the 'Act', for purchase of the jenmam right initiated by the defendants. In the above suit, they applied for an interim injunction identical to the main relief canvassed in the suit. Though the application for injunction was resisted by the defendants impeaching even the entertainability of the suit contending that the civil court has no jurisdiction to

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