K. BHAGIRATHI G. SHENOY AND ORS. versus K.P. BALLAKURAYA AND ANR.

K. BHAGIRATHI G. SHENOY AND ORS. versus K.P. BALLAKURAYA AND ANR.

The lease was of building with land appurtenant thereto, and not of land independent of building. The dominant factor was the building, with the land as an adjunct, and lessee could not claim rights under Section 72B. The lease thus stands exempted from Chapter II of the Kerala Land Reforms Act, 1963.

Parties
Appellant: K. Bhagirathi G. Shenoy and Ors.; Respondent 1: K.P. Ballakuraya; Respondent 2: Respondent No. 2
Jurisdiction
India
Judgment Date
06 April 1999
Procedural Posture
Civil Appeal / Appeal From Kerala High Court Decision and Order Dated 18.8.94 in C.r.p. No. 1746 of 1989 E
Outcome
Appeal allowed
Legal Topics
Kerala Land Reforms Act, Interpretation of 'appurtenant', Lease of Building With Land
Land Law Kerala Land Reforms Act Interpretation of 'appurtenant' Lease of Building With Land

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Parties

K. Bhagirathi G. Shenoy and Ors.

Appellant

K.P. Ballakuraya

Respondent 1

Respondent No. 2

Respondent 2

Procedural Posture

Civil Appeal / Appeal From Kerala High Court Decision and Order Dated 18.8.94 in C.r.p. No. 1746 of 1989 E

Legal Issues

  1. 1 Whether a lease of building with land appurtenant thereto is exempted from the purview of Kerala Land Reforms Act, 1963, Chapter II
  2. 2 Interpretation of 'appurtenant' under Section 3(i)(ii) of the Act
  3. 3 Whether lessee can claim rights under Section 72B as a cultivating tenant

Ratio Decidendi

The lease was of building with land appurtenant thereto, and not of land independent of building. The dominant factor was the building, with the land as an adjunct, and lessee could not claim rights under Section 72B. The lease thus stands exempted from Chapter II of the Kerala Land Reforms Act, 1963.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment of Kerala High Court set aside
  • Order of the Land Tribunal as confirmed by Appellate Authority set aside