BORAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This matter is arising on a transfer made by Sri.Sorukan, a scheduled tribe, by various documents referred as follows: " 1) Document No.2642/62 dated 13.11.62

(2.) Sri. Sorukan is no more. His son - Boran and other legal heirs approached the competent authority under the provisions of the Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienation of Lands) Act, 1975 to nullify the transfer. Based on such request, the transfer has been declared as invalid.

(3.) Thereafter, 1975 Act was repealed and a new Act came into force as the Kerala Restriction on Transfer by and Restoration of Lands to Scheduled Tribes Act , 1999. Sec.5 of the aforesaid Act is relevant in this context. Sec.5 says that notwithstanding anything to the contrary contained in any other law for the time being in force, or in any contract, custom or usage, or in any judgment, decree or order of any Court, any transfer of immovable property possessed, enjoyed or owned by a member of a Scheduled Tribe to a person other than a member of a Scheduled Tribe, effected prior to 1.01.1960 and before the commencement of this Act shall be deemed to be invalid. Proviso thereto save transfer to non scheduled member to the extent of not exceeding two hectors which would come around five acres.