ASGAR & ORS Vs. MOHAN VARMA & ORS

JUDGEMENT

(1.) Leave granted.

(2.) This appeal arises from a judgment of the Kerala High Court dated 11 December 2015. Dismissing a petition instituted by the appellants under Article 227 of the Constitution, the High Court held that the claim set up by the appellants before the executing court for the value of the improvements alleged to have been made by them on the land in dispute under the Kerala Compensation for Tenants Improvements Act 1958 ("The Act of 1958") was barred by the principle of constructive res judicata. The High Court upheld the finding of the executing court that the appellants are not entitled to claim compensation under Section 51 of the Transfer of Property Act 1882 (The TP Act).

(3.) The genesis of the dispute needs to be explained. The property encompassing an extent of 914 acres originally belonged to Vengunadu Kovilakam of Kollengode. True to the bounties of nature, it comprised of coffee, cardamom, orange and pepper plantations. On 25 November 1897, 909 acres of the property came to be leased out to William Espants Watts Esquire for a period of 75 years. By a subsequent transfer, the leasehold rights were transferred to and vested in Anglo American Direct Tea Trading Corporation Limited ("Anglo American Corporation"). On 17 October 1931, an area admeasuring 5 acres of what is described as the bungalow site was leased out in favour of Anglo American Corporation for a period of 43 years. In 1945, Anglo American Corporation assigned its rights over the property to Amalgamated Coffee Estate Limited.