GOVINDA PILLAI RAMDAS versus LAKSHMIKUTTY AMMA AMMUKUTTY AMMA AND ORS.

GOVINDA PILLAI RAMDAS versus LAKSHMIKUTTY AMMA AMMUKUTTY AMMA AND ORS.

Section 4A of the Kerala Land Reforms Act, 1964, as worded and interpreted by the Kerala High Court Full Bench (Parameshwaran Pillai v. Narayanan Nair, 1979 K.L.T. 341), applies to land held continuously for fifty years by the mortgagee, regardless of whether it is agricultural or non-agricultural (house site); the Act, as included in the Ninth Schedule, cannot have its validity challenged for this reason.

Parties
Appellant Plaintiff: Govinda Pillai Ramdas; Respondents: Lakshmikuty Amma Ammukutty Amma and Ors.
Jurisdiction
India
Judgment Date
17 September 1992
Procedural Posture
Civil Appeal / Final Decision on Appeal From Second Appeal, After Trial and Appellate Proceedings
Outcome
Appeal dismissed
Legal Topics
Kerala Land Reforms Act Section 4 a, Deemed Tenancy, Fixity of Tenure, Applicability to Agricultural and Non Agricultural Land, Ninth Schedule and Constitutional Protection
Land Law Constitutional Law Kerala Land Reforms Act Section 4 a Deemed Tenancy Fixity of Tenure Applicability to Agricultural and Non Agricultural Land Ninth Schedule and Constitutional Protection

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Parties

Govinda Pillai Ramdas

Appellant Plaintiff

Lakshmikuty Amma Ammukutty Amma and Ors.

Respondents

Procedural Posture

Civil Appeal / Final Decision on Appeal From Second Appeal, After Trial and Appellate Proceedings

Legal Issues

  1. 1 Whether Section 4A of the Kerala Land Reforms Act, 1964 applies to non-agricultural land, specifically a house site situated within a city
  2. 2 Whether the mortgagee/assignee is entitled to be deemed a tenant under Section 4A of the Act despite the land being non-agricultural

Ratio Decidendi

Section 4A of the Kerala Land Reforms Act, 1964, as worded and interpreted by the Kerala High Court Full Bench (Parameshwaran Pillai v. Narayanan Nair, 1979 K.L.T. 341), applies to land held continuously for fifty years by the mortgagee, regardless of whether it is agricultural or non-agricultural (house site); the Act, as included in the Ninth Schedule, cannot have its validity challenged for this reason.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with no order as to costs.