STATE OF KERALA Vs. PETER JOHN

JUDGEMENT

(1.) The State of Kerala, the District Collector and the Special Tahsildar being the defendants assail the judgment of the trial court decreeing the suit which stands confirmed by the learned single Judge. We heard Mr. M.L.Sajeevan, the Special Government Pleader on behalf of the appellants/defendants and Mr. M.P.Ramnath, Advocate on behalf of the respondents/plaintiffs. We also heard Mr. M.Gopikrishnan Nambiar, Advocate on behalf of the additional respondent impleaded in this appeal being a beneficiary of the proceedings for acquisition initiated. The question of law that arises for consideration in this Appeal against First Appeal is:

(2.) Declaration of title by adverse possession in respect of the plaint schedule property and mandatory injunction to pass an award under the Land Acquisition Act, 1894 in favour of the plaintiffs were sought in the suit. The plaint schedule property is 4.46 acres of land in Sy. No. 949/5(R.Sy. No. 113/2) of Chemmanad Village which admittedly belonged to the Government. The plaint schedule property does not find a place in Ext. A3 lease deed (Document No. 2182/50, SrO, Aikkaranad) executed by Tharakkandam Mathew in favour of Moothedathu Mana. It is a fact conceded that the lands lying adjacent to the plaint schedule property have been included in Ext. A3 lease deed over which Tharakkandam Mathew had fixity of tenure. The plaint schedule property does not also find a place in Ext. A4 sale deed (Document No. 268/52, SRO, Aikkaranad) executed in favour of Tharakkandam Mathew.

(3.) Tharakkandam Mathew sold his lands roping in the plaint schedule property to the plaintiffs under Exts. A1 and A2 sale deeds (Document Nos. 3241/62 and 3242/62, SRO, Aikkaranad) for consideration. The plaint schedule property appears for the first time as Item No. 3 in Ext. A2 sale deed which has been described as one belonging to the Government ('Pandaravaka Puduval '). The plaint schedule property is subsequently seen divided amongst the plaintiffs under Ext. A8 partition deed (Document No. 684/1980, SRO, Aikkaranad) allotting parcels to all. It is on the basis of Ext. A8 partition deed has the suit been laid for declaration of title by adverse possession and for mandatory injunction to pass an award for getting compensation. It appears that no award had been passed in respect of the plaint schedule property even though the same was passed in respect of the adjacent lands belonging to the plaintiffs.