NDLI: Parameswaran Govindan Vs. Krishnan Bhaskaran and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Land reform Compensation
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Kerala Compensation for Tenants Improvements Act, 1958 (29 of 1958) Kerala Land Reforms Act, 1963 (1 of 1964)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Kerala Land Reforms Act, 1963- Section 132(2)- Reopening of a decree- Conditions- Redemption of mortgage decree- Reopening- legality of .Kerala Land Reforms Act, 1963- Section 2(57)- Tenant-Construction- Ingredients- Mortgage u/ss. 60,76(h), 83. transfer of Property Act, whether tenant- Payment of decretal amount (inclusive mortgage amount) prior to coming into force of the Amending Act 35 of 1969- EffectKerala Compensation for Tenants Improvements Act, 1958- Sections 4,5 read with 60, Transfer of Property Act- Decree of eviction of tenant- Execution of - Conditions- Right and Liabilities under a pre-existing contract- whether preserved- Possession u/s 60, T.P. Act on redemption of mortgage whether affected.Kerala Compensation for Tenants Improvements Act, 1958- Object of The appellant was a mortgagor and the respondent No. 1 defendant No. 4 was one of the mortgagees. The suit for redemption of mortgage tiled by the appellant was decreed providing for payment of Rs. 500, and Rs. 943/9.2 towards improvements as a condition for redemption. The appellate court in appeal enhanced the sum for improvements by Rs. 256/8.4.When appellant filed an execution application, the respondent filed another application under the Kerala Compensation for Tenants Improvements Act, 1958 claiming a further sum for improvements: When it was pending, the appellant deposited the decretal amount including the enhanced sum decreed by the appellate court. The respondent's application was allowed and appellant was directed to pay a total amount of Rs. 4,149.66 paise inclusive of decretal amount. Thereafter, the respondents filed another application to reopen the decree u/s. 132 (3) of the Kerala Land Reforms Act, 1963 contending that he was a tenant u/s. 4A of the Act having been continuously in possession for over 50 years and that, therefore, the decree of eviction cannot be executed against the respondent. The executing court dismissed it, but on revision, the High Court declared that the respondent was a deemed tenant' u/s. 4A of the Kerala Land Reforms Act, against which this appeal was filed. The respondent No. 1 contended that he was a tenant u/s. 2 (57) of the Kerala Land Reforms Act and that u/s. 72 of the Act the appellant no longer was the holder of the land and the land stood vested In the State.
Judge	Hon'ble Mr. Justice K. Ramaswamy
Neutral Citation	1992 INSC 39
Petitioner	Parameswaran Govindan
Respondent	Krishnan Bhaskaran And Ors.
SCR	[1992] 1 S.C.R. 582
Judgement Date	1992-02-06
Case Number	2354

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