NDLI: State of Kerala and Anr. Vs. Mohammed Basheer

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Kerala Land Reforms Act Forest Tribunal certificate of purchase s.72(K) and 102 1963
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Kerala Land Reforms Act, 1963 (1 of 1964) Kerala Private Forests (vesting and Assignment) Act, 1971 (26 of 1971)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Kerala Land Reforms Act, 1963 – s.72(K) and 102 – Respondent filed petition in the Forest Tribunal for settlement of dispute in relation to the land in question inter alia on the ground that the land is not a private forest as defined u/s.2(f) of the 1971 Act and it did not vest in the government u/s.3 of the 1971 Act and that the Land Tribunal issued certificate of purchase in favour of the respondent, as he was found to be the cultivating tenant in possession of the said land – Appellant-State contended that the land vested in the government u/s.3 of the 1971 Act and is under the custody of the Forest Department since then – Petition dismissed – Challenge by Respondent before High Court, allowed – On appeal, held: Sub-s.(2) of s.72K of the 1963 Act states that the certificate of purchase issued by Land Tribunal u/sub-s.(1) shall be conclusive proof of the assignment to the tenant of the right, title and interest of the landlord and the intermediaries, if any – Land Tribunal initiated suo motu proceedings, after obtaining information that the cultivating tenant had been in possession – Land Tribunal initiating proceedings in favour of the cultivating tenant would be considering the possession of a tenant as on the said date which is far earlier than the 1971 Act – Possession and title under the certificate of purchase have to relate back to a date prior to the date of vesting under the 1963 Act, i.e. 01.04.1964 – Therefore, there is no question of vesting of the land in the Government under the 1971 Act which came into force subsequent to the date of 1963 Act – Certificate of purchase was issued by the Land Tribunal, u/sub-s.(1) of s.72K of the 1963 Act – No appeal was filed u/s.102 of the 1963 Act challenging the said certificate either by the Government or any other person – Thus whatever right, title and interest, the landlord had in the land, was assigned in favour of the respondent under the certificate of purchase – Respondent is the owner of the land as he has legal title to hold the said land – Further, land in question is exempted from vesting in the State u/sub-s.(2) of s.3 of the 1971 Act – Kerala Private Forests (Vesting and Assignment) Act, 1971 – s.2, 3 – Kerala Land Reforms (Vesting and Assignment) Rules, 1970 – Evidence Act, 1872 – s.4.
Judge	Hon'ble Mr. Justice S. Abdul Nazeer
Neutral Citation	2019 INSC 65
Petitioner	State Of Kerala And Anr.
Respondent	Mohammed Basheer
SCR	[2019] 1 S.C.R. 477
Judgement Date	2019-01-22
Case Number	10075

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