R S MOHANDAS, Vs. S SANTHAKUMARI AMMA

JUDGEMENT

(1.) This is an appeal preferred by respondents 6 and 7 in O.P. No. 1417 of 1998 against the judgment of the learned Single Judge dated 27.3.2009 allowing the writ petition. The writ petition was filed by one Sri.P. Krishnan Nair of Attara Veedu seeking a declaration that the provisions of Sree Pandaravaka Lands (Vesting and Enfranchisement) Act, 1971 (hereinafter referred to as 'Act 20 of 1971' for short) have no application to the land comprised in Sy. No. 2746/2 of Chengazhassery Village. He also sought for the issue of appropriate writs quashing Exts.P4, P6 and P7 orders that were passed under the provisions of the said Act by the Special Tahsildar, the District Collector, and the Board of Revenue respectively, directing the issue of patta in respect of an extent of 54 cents of land comprised in the survey number mentioned above to the appellants herein and respondents 9 to14 who are the legal heirs of one Subbaiah, who is no more. Sri. P. Krishnan Nair also died during the pendency of the proceedings and respondents 1 to 4 are his legal heirs. Respondents 9 to 14 are the other legal hers of late Subbiah mentioned above and children of his daughters, claiming under him.

(2.) Sri. P. Krishnan Nair belonged to the Attara Veedu, a prominent family of the erstwhile Travancore State. As per family partition deed dated 20.1.1114 M.E. Corresponding to 5.9.1938, an extent of 65 cents of land comprised in Sy. No. 2746/2 of Chengazhassery Village in Trivandrum Taluk was allotted to his share. The tenure of the land, according to him, is 'Sree Pandaravaka Kudumbaporuthy', as per the Revenue Registers. He placed reliance on Ext.P1, copy of the Chitta and Ext.P2, copy of the Classification Register of the land and Ext.P5, copy of the Settlement Register. At the time of the partition mentioned above, late Sri. P. Krishnan Nair was a minor. On 19.11.1947, an extent of 54 cents out of the property allotted to Sri. P. Krishnan Nair, as stated above, was leased in favour of one Chokkalingam Pillai as per a registered deed for the purpose of putting up a Cinema theatre. The lease deed contained a provision permitting him to transfer the lease also. Pursuant to the lease, he put up a cinema theatre in the property by name, Central Theatre.

(3.) Subsequently, on 16.5.1952 by another registered deed Sri. Chokkalingam Pillai sold his rights over the structures and the leasehold to one Subbaiah. Subbaiah is the predecessor in interest of the appellants and respondents 9 to 14. He atorned to Sri.P. Krishnan Nair and was paying rent to him. The rent was also enhanced subsequently.