K.HARILAL, J

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

OP(C).No. 2882 of 2011 3

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 s