RAJENDRA KUMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Can State of Kerala claim absolute right, title and interest over properties relinquished in favour of erstwhile Travancore State in the absence of any particular statute governing the procedure for such relinquishment is the essence of the dispute raised in this Regular Second Appeal ?. The plaintiffs in O.S No.552 of 1992 on the files of I Additional Sub Court, Thiruvananthapuram, in a suit for declaration of title, recovery of possession and mandatory injunction of the plaint schedule property are the appellants herein.

(2.) The brief facts necessary for the disposal of the appeal are as follows:-

(3.) On appreciation of the pleadings and evidence, the Trial Court came into conclusion that the claim for declaration of the title and possession is not maintainable inasmuch as Ext.A1 Partition Deed did not include the plaint schedule property towards the 'Thavazhi' of the plaintiffs. Accordingly, the suit was dismissed. Aggrieved by the judgment and decree, the plaintiffs preferred A.S No.75/2010. The District Court by judgment dtd. 28/10/2015, confirmed the findings of the Trial Court by holding that the plaintiffs' predecessor had gifted the property to the State of Kerala and therefore there is a valid relinquishment. By holding so, the District Court rejected the argument of the appellants, that in order to constitute a valid relinquishment, the procedures under the Kerala Land Relinquishment Act, 1958, has to be followed and that it has no retrospective effect. Thus the appeal was dismissed and therefore the plaintiffs are before this Court with the present appeal.