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11 judgments · newest first · showing 1–11
The Supreme Court examined an appeal by the Taluk Land Board against a Kerala High Court order that accepted sale deeds executed by the sisters of Cyriac Thomas, the declarant. The central question was whether the sisters, as daughters of the deceased Elanjikkal Cyriac, possessed a legal share in …
The plaintiffs sought a declaration that they were exclusive co‑owners of a parcel of land, while the defendants claimed tenancy under a predecessor and asked for fixity of tenure. The dispute turned on whether the civil court could decide the tenancy issue or had to refer it to the Land Tribunal …
The appellant sought redemption of a 1947 usufructuary mortgage, but the respondents contended that they had become deemed tenants under Section 4A of the Kerala Land Reforms Act, 1964 (as amended by Act 35 of 1969) because they had possessed the mortgaged land continuously for more than fifty years …
The Supreme Court considered a review petition filed by the widow of the original petitioner who had died, seeking to set aside the abatement of the suit caused by the death. The Court examined whether the application to bring legal representatives on record, filed after the 90‑day period prescribed …
The dispute arose from a leasehold property originally owned by a Tarwad, which was taken by an ex parte decree in 1942 and sold at a court auction to the decree‑holder Mohammed Haji. The decree‑holder subsequently leased the land to Raghavan Nair, whose rights were later assigned to P.K. Abdulla, …
The deceased Varkey Mathew died in 1973 without filing the statement of excess land required under Sections 85(2) and 85(3A) of the Kerala Land Reforms Act, 1964. The State initiated proceedings under Section 85(7) against his successors-in-interest, but the Taluk Land Board later cancelled the …
The respondents filed a suit for possession of land alleging that the appellant had surrendered his tenancy and was in illegal possession. The appellant contested, claiming he remained a tenant and sought permission under Section 72‑B of the Kerala Land Reforms Act to purchase the land. The civil …
The appellant, L. V. Vasantha Kumar, occupied a hut on land that had been sold by Subramonian Pillai to Vaikuntam Pillai in 1955, and later claimed ownership based on an agreement to purchase. The respondent, Balammal, obtained a decree for specific performance of that agreement and subsequently …
Two junior members of a Tarwad redeemed a mortgage executed in 1870, obtained release in 1886 and remained in possession of the land for over fifty years. In 1967, other members of the Tarwad filed a partition suit, claiming that the junior members were tenants under Section 4A(1)(a) of the Kerala …
The plaintiff purchased the equity of redemption of a mortgaged property and sued for redemption. The defendant, an assignee of the mortgagee, claimed protection under Section 4(A) of the Kerala Land Reforms Act, 1964, asserting that he was a deemed tenant because he had possessed the land for over …
The Supreme Court examined whether Explanation II‑A to clause (25) of Section 2 of the Kerala Land Reforms Act, 1964 (as amended by Act 17 of 1972) confers Kudikidappu rights on any person who occupied a homestead or hut between 16 August 1968 and 31 January 1970, irrespective of proof of initial …
