J U D G M E N T

The petitioners purchased a property situated in survey No.228/7/10 covered by Ext.P3 patta. Ext.P3 patta was issued to one Abdul Khader. The conditions of the patta are enumerated in Ext.P3 itself. Under the Kerala Land Assignment Act and the Rules the property can be alienated absolute or with conditions. If the conditions are enumerated, the holder of the patta are bound by the conditions. One of the conditions in Ext.P3 patta is against alienating the property for the period of twelve years from the date of issuance of the patta. Admittedly the period of twelve years is over. It seems based on Ext.P8 an order passed by the Government dated 20.5.1997, the Government is placed certain restriction in alienating the property and put a complete embargo on alienation. Ext.P8 does not form part of the conditions of Ext.P3 patta.

Therefore it has no application in respect of the patta issued prior to Ext.P8. If at all Ext.P8 would apply that can only apply prospectively with respect to any assignment granted after Ext.P8. In view of the above, the petitioners are not bound by Ext.P8. Therefore, any alienation made after the twelve years period after issuance of patta, th