CHANDY VARGHESE AND ORS. versus K. ABDUL KHADER AND ORS.

CHANDY VARGHESE AND ORS. versus K. ABDUL KHADER AND ORS.

On the facts, the courts below properly held that the original owner never intended to transfer any interest in land to the transferee, and the transferee only had a licence to maintain the shed and machinery of the saw mill. The documents were ineffectual to create leasehold right in land in favour of the contesting defendant; thus, protection under Section 106 was not available.

Parties
Appellant: Chandy Varghese and Ors.; Respondent: K. Abdul Khader and Ors.
Jurisdiction
India
Judgment Date
08 August 2003
Procedural Posture
Civil Appeal / Appeal Under Article 136 of the Constitution of India From Kerala High Court Judgment Dated 07.12.1998
Outcome
Appeal dismissed
Legal Topics
Lease Vs Licence, Protection of Lessee, Interpretation of Statutes
Land Reforms Property Law Lease Vs Licence Protection of Lessee Interpretation of Statutes

Case Brief

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Parties

Chandy Varghese and Ors.

Appellant

K. Abdul Khader and Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal Under Article 136 of the Constitution of India From Kerala High Court Judgment Dated 07.12.1998

Legal Issues

  1. 1 Whether the contesting defendants are entitled to protection against eviction under Section 106 of the Kerala Land Reforms Act, 1963.
  2. 2 Whether the documents and transactions created a lease or licence.

Ratio Decidendi

On the facts, the courts below properly held that the original owner never intended to transfer any interest in land to the transferee, and the transferee only had a licence to maintain the shed and machinery of the saw mill. The documents were ineffectual to create leasehold right in land in favour of the contesting defendant; thus, protection under Section 106 was not available.

Court Disposition

Appeal dismissed

Orders

  • Respondents (plaintiff's successors) entitled to costs as incurred in this Court.