Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 2
PETITIONER:
PUTHIYA PURAYIL KANNAN’S WIDOW KOZIPURATH CHEMMARATHIBY L.R.
Vs.
RESPONDENT:
PATINHARE KOYYATTAN BALAN & ORS.
DATE OF JUDGMENT: 21/03/1997
BENCH:
K. RAMASWAMY, K.T. THOMAS
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
This Court by order dated November 16, 1995 dismissed
the special leave petition on the ground that the original
petitioner had died on September 1, 1993 and the application
to bring the legal representatives on record was filed on
January 27, 1994 and , therefore, the application stood
abated. It is not in dispute that the original petitioner
died on September 1, 1993. By operation of Article 120 of
the Schedule to the Limitation Act, 1963, the application to
bring on record the legal representatives of the decease
plaintiff or defendant, should be filed within 90 days from
the date of the death of the plaintiff/defendant. If the
application is not filed within the date, the abatement
takes place. As contemplated in Article 121 of the Schedule
which envisages that for seeking an order to set aside the
abatement, the application need to be filed within 60 days
from the date of the adatement. In this case, since the
original petitioner died on September 1, 1993, the
application was required to be filed within 90 day from that
date which, no doubt, was not filed. So, abatement took
place. Thereafter, the application to set aside the
adatement was filed on January 27, 1994 which is within 60
days. Though at that stage the action had abated, for the
reasons stated in the application, the adatement stands set
aside. The Petition for setting aside the abatement is
accordingly allowed.
We have heard the case on merits. The case of the
respondent is that the has come into possession by virtue of
lease granted by the landlord and he has been in possession
for well over 20 years. In paragraph 7 of the judgment of
the division Bench of the High Court dated August 29, 1990
made in CRP No. 4171/75, it has pointed out that the
respondent came into lawful possession of the property under
a lease deed though the same was found to be defective
Section 7-B the Kerala Land Reforms Act postulates thus:
"Notwithstanding anything to the
contrary contained in any law or in
any contract, custom or usage, or
in any judgment, custom or usage,
or in any judgment, decree or order
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 2
of Court, any person in occupation
of the land of another at the
commencement of the Kerala Land
Reforms (Amendment) Act, 1969 on
the basis of a registered deed
purporting to be a lease deed shall
be deemed to be a tenant if he or
his predecessor-in-interest was in
occupation of such land on the
11th day of April, 1957 of the
basis of that deed, notwithstanding
the fact that the lease was granted
by a person who had no right over
the land or who was not competent
to lease the land.
A reading thereof clearly envisages that
notwithstanding anything to the contrary contained in any
law or in any contract, custom or usage, or in any judgment,
decree or order of the Court, any parson in occupation of
the land.. on the basis of a registered deed purporting to
be a lease deed, shall be deemed to be a tenant if he or his
predecessor in interest was in occupation of such land on
the 11th day of April, 1957 on the basis of that deed,
notwithstanding the fact that the lease was granted by the
person who had no title over the land or who was not
competent to lease the land. Thus, it would be seen that,
though there is a defect in the conferment of right to
possession under registered lease deed and in such a defect
a person who remained in lawful possession is entitled to
occupancy right, the High Court has found, as a fact, that
the respondent having come into lawful possession of the
land by virtue of defective lease deed his possession is
protected under Section 7-B of the Kerala Land Reforms Act.
Therefore, we do not find any merit warranting interference.
The special leave petition is accordingly dismissed.
The Review petition is allowed accoringly.