AMINA BEEVI versus THACHI & ORS.

AMINA BEEVI versus THACHI & ORS.

Ext.A3, being a surrender by the tenant in favour of a person other than the Government, was void. Suit for declaration of tenancy rights and recovery of possession is neither expressly nor impliedly barred by s.13A, given provisions of s.125. Findings of Land Tribunal and trial court regarding tenancy rights are factual and not disturbed.

Parties
Petitioner: Amina Beevi; Respondents: Thachi & Ors.; Petitioner: State Bank of Travancore
Jurisdiction
India
Judgment Date
27 October 2010
Procedural Posture
Special Leave Petition (civil) / Supreme Court, Slps Against Kerala High Court in Second Appeals (common Judgment and Decree Dated 28.03.2007 in S.a. Nos. 517 and 311 of 1988)
Outcome
SLPs dismissed
Legal Topics
Kerala Land Reforms Act, Restoration of Possession, Jurisdiction of Civil Courts
Land Law Tenancy Civil Procedure Kerala Land Reforms Act Restoration of Possession Jurisdiction of Civil Courts

Case Brief

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Parties

Amina Beevi

Petitioner

Thachi & Ors.

Respondents

State Bank of Travancore

Petitioner

Procedural Posture

Special Leave Petition (civil) / Supreme Court, Slps Against Kerala High Court in Second Appeals (common Judgment and Decree Dated 28.03.2007 in S.a. Nos. 517 and 311 of 1988)

Legal Issues

  1. 1 Whether Ext.A3 constituted a prohibited surrender under s.51 of Kerala Land Reforms Act, 1963
  2. 2 Whether the suit for recovery of possession and declaration of tenancy rights is barred expressly or impliedly by s.13A of the Act
  3. 3 Whether the trial court and Land Tribunal properly determined the tenancy rights

Ratio Decidendi

Ext.A3, being a surrender by the tenant in favour of a person other than the Government, was void. Suit for declaration of tenancy rights and recovery of possession is neither expressly nor impliedly barred by s.13A, given provisions of s.125. Findings of Land Tribunal and trial court regarding tenancy rights are factual and not disturbed.

Court Disposition

SLPs dismissed

Orders

  • SLPs dismissed
  • No costs