KESAVEN GOVINDAN Vs. JANERDHANAN DAMODARA PLAPPALLI

JUDGEMENT

(1.) The point arising for decision in both the Second Appeal and the Civil Revision Petition is the same, viz., whether the sublessee of Kandukrishi tenants are entitled to protection against eviction under S.3 of the Kerala Stay of Eviction Proceedings Act (1 of 1957). S.3(a) excludes lands owned by Government from the operation of this Act. The courts below have held that Kandukrishi lands being lands owned by Government, the sublessees of such lands are not entitled to the benefit of the Act. The two cases were heard together.

(2.) Before considering the main question, a point arising in C. R. P. 36/58 may be disposed of. The court below at first passed an order staying eviction, but this was reviewed on the application of the decree holder and the order sought to be revised was passed. It is contended on behalf of the petitioner that the Court below had no jurisdiction to allow the review. The provision of this statute was overlooked in passing the earlier order. The learned Munsiff who passed the first order admitted the review and I do not consider that interference is called for, as the provisions of Act I of 1957 were overlooked by the court when the first order was passed.

(3.) Coming to the main point, the argument advanced on behalf of the petitioner in the revision petition and the appellant in the second appeal is that Kandukrishi lands in the erstwhile State of Travancore cannot be treated as lands owned by Government. It is admitted by both sides that Kandukrishi lands were the home farms of the sovereign and the tenure under which the property was held was tenancy at will. The Maharaja of Travancore promulgated a Proclamation on 27-5-1949 transferring right, title and interest in respect of Kandukrishi lands of every description and tenure to the Government. If the Government have not thereafter been divested of such right, title and interest acquired under this Proclamation, it cannot be said that these are not lands owned by Government. Various statutes were relied on in support of the argument that these are not lands owned by Government. Government lands are defined in S.2 of Travancore - Cochin Government Land Assignment Act 33 of 1950 as follows: