Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kerala Land Reforms Act 1963 - Section 72(1) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Kera/a Land Refonns Act, 196~Section 72(1)-Vesting of all rights, interests and title of landlord u/s 72(1)-Not subject to provisions of Section 66(9)-Fishing rights of veramdars in nilam- Enforceable w.e.f. 9-7-1972, the date on which the Act was given assest by the President of India.The appellant Board filed a suit against the tenants under different demises kanam, verumpattom etc. etc., praying for a declaration that it had the right of frishing in and over the plaint lands while claiming right of prawn fishing in the plaint schedule lands and prayed for an injunction to restrain the defendants from interfering with the Devaswom's right of fishing at the time of granting the demise and alternatively that it was entitled to carry on prawn fishing as a right of easement. The suit was dismissed but in appeal, the lower appellate court found that the Board was entitled to exercise the right of fishing, on the basis of a right of easement.In second Appeal, the High Court held that the grant by the Board did not confer the right on the tenants to carry on the fishing operations in the plaint lands; that the Board was entitled to carry on the fishing operations in the plaint lands as well as in the thodus; that in view of the Kanam Tenancy Act of 1955 and the Kerala Land Reforms Act of 1963, the Board had been deprived of its right of fishing and that the same had become vested in the tenants. The matter was remitted to the trial court for an investigation and for passing appropriate orders. After the remand, the trial court held that the plaintiff's claim for fishing right in respect of lands granted on Kanam devise was lost by reason of the provisions of the Kanam Tenancy Act of 1955, and had vested in the Kanam tenants but the right remained unaffected in respect of lands held on verumpattom and other demises. The Board filed an appeal to the lower appellate court in respect of the Kanam lands and the defendants filed an appeal in respect of the verumpattom lands. The Board's appeal was allowed and the defendants' appeal was dismissed.The Second Appeal filed by the defendants tenants was allowed and the plaintifl's suit seeking a declaration and injunction was dismissed. The High Court held that in view of section 3 of the Kanam Tenancy Act, the Board was divested of the right to carry on prawn fishing, since the rightvested in the Kanam tenants; that with regard to verum11attom tenant and tenants under other demises the rights of the landlord stood transferred to the tenant under the provisions of the Kerala Land Reforms Act and therefore, the Board was divested of its right of fishing and the same stood vested in the tenants. The plaintiff landlords as well as tenants filed certain clarification applications. The appellant Board and the defendants tenants filed the Civil Appeal and Special Leave Petition against the judgment of the High Court and the orders passed on Civil Miscellaneous Petitions.The appellant alleged that fishing rights do not appertain to agricultural operations and so cannot be regarded as a measure of agrarian reform, so it cannot have the protection of Article 31A of the Constitution and the provision in the Kanam Tenancy Act, conferring such fishing rights should be held to be ultra vires and it should be held that the fishing right did not vest in the Kanam tenants; that in view of Section 66(9) of the Kerala Land Reforms Act, the right of the Board in the suit lands will vest in the Government only after the 'issue of a notification' specified therein and this had not been complied with; that it was only u/s 50-A(2) of the Kerala Land Reforms Act, the fishing right in the nilam exercised by the landlord ceased to exist and vested in the Government or the varamdars tenants, so till 9.7.1972 when the Kerala Land Reforms (Amendment) Act, 1969 which inserted section 50A was included in the Ninth Schedule to the Constitution of India, it was the Board which was entitled to the profits relating to the fishing rights in the nilam and the veramdars will be entitled to the said profits only thereafter.The tenants pleaded that they were entitled to carry on fishing operations and to do acts incidental thereto in the canal and thodus abutting their properties and the High Court erred in not adjudicating such valuable rights of the tenants. |
Judge | Hon'ble Mr. Justice K.S. Paripoornan |
Neutral Citation | 1995 INSC 44 |
Petitioner | Cochin Devaswam Board |
Respondent | Captain E.m. George And Ors. |
SCR | [1995] 1 S.C.R. 328 |
Judgement Date | 1995-01-17 |
Case Number | 2312 |
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