E MADHAVAN Vs. ASSISTANT CUSTODIAN

JUDGEMENT

(1.) First respondent is the Assistant Custodian, Office of the Custodian of Evacuee Property and the second respondent is the Government of Kerala. Petitioner herein filed O A. 908 of 1976 against the respondents in the Land Tribunal, Tellicherry under S.72B of the Kerala Land Reforms Act, 1963 (for short 'the Act') contending that he is the tenant of the property mentioned therein under the first respondent and seeking assignment of the right, title and interest of the landlord which has vested in the Government under S 72 of the Act. The application was opposed by the respondents on the ground that the lease under which the petitioner claims falls within the exemption in S.3(1) of the Act and therefore no provision in Chap.2 (including S.72) of the Act would apply to the lease or to the petitioner. This contention has been accepted by the Tribunal as well as the Appellate Authority and the application for purchase has been dismissed. These orders are now challenged.

(2.) Revision petitioner was formerly holding the land involved in this case under two ladies by name Raviyath and Pathutty who were declared as evacuees and the property was declared as evacuee property under the provisions of Administration of Evacuee Property Act, 1950. The property consequently vested in the Custodian under the provisions of the Administration of Evacuee Property Act. The Tribunal and the Appellate Authority have proceeded on the basis that the right, title and interest of the original landlords have come to vest in the Government of India. This is not challenged by the revision petitioner. In fact, learned counsel for the revision petitioner also proceeded on the basis that the present landlord is the Government of India. There is no dispute that the lease in favour of the petitioner came into existence as early as in 1932.

(3.) Chap.2 of the Act contains provisions regarding tenancies. Revision petitioner, as a tenant, claims that he is entitled to purchase landlord's interest under S.72B of the Act. S.72 and the connected provisions are provisions in Chap.2 of the Act. S.3 is the provision dealing with exemptions. Clause (i) of sub-sec. (1) of S.3 states that nothing in this chapter shall apply to lease of lands or of buildings or of both belonging to or vested in the Government of Kerala or the Government of any other State in India or the Government of India or a local authority or the Cochin Port Trust or a corporation owned or controlled by the Government of Kerala or the Government of any other State in India or the Government of India The proviso has no bearing on the facts of the case. This provision makes it clear that Chap.2 will not apply to lease of land or building belonging to or vested in the Government of India. Revision petitioner accepts that the land involved in the case of which he is a tenant belongs to Government of India. There can therefore be no doubt that clause (i) of sub-sec. (1) of S.3 would apply to the lease in favour of the petitioner. To such a lease, S.72 and the allied provisions of Chap.2 would not apply.