ANDI ALIAS APPU Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an appeal by the plaintiff in O. S. No. 43 of 1958 of the court of the Subordinate Judge of Palghat. The suit which has been dismissed was for the recovery of a sum of Rs. 30,000/- from the defendant, the state of Kerala represented by the Collector of the Palghat District, as compensation for eviction from survey field Nos. 98,117 and 119 of the Kadukkamkunnu amsom in the Palghat District. The court below was of the view that the appellant was entitled to succeed but for its conclusion that the suit was barred by limitation under S. 14 of the Madras Land Encroachment Act, 1905.

(2.) THE three survey fields concerned form part of the bed of the Malampuzha river. Both sides of that river in the relevant area belonged in jenm to the Emur Bhagavathi Devaswom; and the appellant, it has been held, was a tenant of that Devaswom in respect of those riparian lands.

(3.) THE survey fields in question have been registered as river porombokes. THE lower court has held, and quite correctly, that the registration cannot affect the rights of the real owner. It said: "the mere registration of these lands as Government poromboke cannot improve matters for the Government for the simple reason that under S. 19 of the Malabar Land Registration Act, such registration shall not be deemed to affect the rights of any person in respect of any estate or interest therein. "