KAMALA Vs. PAKEERAN

JUDGEMENT

(1.) Revision petitioner is B party No. 2 in S. M. proceedings No. 28 of 1981 of the Land Tribunal No. 1, Kasaragod. The Land Tribunal upheld the contention of A party (1st respondent) that he has tenancy right with respect to the land in question. Revision petitioner filed A. A. 2402 of 1982 before the Appellate Authority (Land Reforms) Kasaragod. The appeal was dismissed by the Appellate Authority.

(2.) Main contention of the revision petitioner is that the lease was granted by a nissanthathi kavaru who does not have full rights in the property and therefore the authorities went wrong in holding that the first respondent is entitled to purchase the property under S.72 B of the Kerala Land Reforms Act. The Land Tribunal as well as the Appellate Authority held that S.3(1)(vi) of the Act does not apply to a tenancy created by a nissanthathi kavaru as defined under the Madras Aliasanthana Act 1949 and therefore the lease is valid. Contention of the revision petitioner is that both the authorities below did not consider the second proviso to S.3(1)(vi) of the Act and hence grievously erred in granting the purchase certificate to the first respondent.

(3.) S.3(1)(vi) of the Act provides that tenancies in respect of lands or of buildings or of both created by persons having only life interest or other limited interest in the lands or in the buildings or in both will not be entitled to fixity of tenure or other benefits under the Act. First proviso to S.3(1)(vi) reads: