The High Court of Kerala passed a judgement on 1 March 2023 stating that in view of Section 74 of the KLR Act, the lessee creating any other lease is also prohibited. It was stated in the case of State Of Kerala Represented By Its secretary vs M C George (W.P.(C)NO.16705/2021)which was passed by the division bench comprising of JUSTICE A.MUHAMED MUSTAQUE and JUSTICE SHOBA ANNAMMA EAPEN
FACTS OF THE CASE:
The writ petitioner claims that he is in possession of the land having extent of 396.11 acres in the above land and after sale of the portion of the land he is now having 257.79 acres. He claims possession along with his brother M.C.Chandy. The derivation of title as referred in the pleadings indicates that the writ petitioner along with his brother is in possession of the land by way of lease hold right. The original lease holder obtained the property in a court auction conducted in 1890. Jenm right of the above property belonged to Bamblasserry Madathil Sankunni Menon and Ramunni Menon. They initially leased 2130 acres out of the said property of 3596.55 acres to Mr.Edward Lionel Kirwan as per an Indenture of Lease No.527/1908 for a period of 99 years. Mr.Edward Lionel Kirwan further leased the said property of 2130 Acres to M/s.Kerala Rubber Company Limited as per document No.126/1910 of SRO, Chengelpet. Thereafter, Bamblasserry Madathil Sankunni Menon and Ramunni Menon leased the remaining 1466.55 acres out of the said property of 3596.55 acres to Mr.Edward Lionel Kirwan as per an Indenture of Lease No.3368/1914 SRO, Chengelpet for a period of 99 years. The Kerala Rubber Company went into liquidation. The Kerala Rubber Company Limited in liquidation along with Mr.Edward Lionel Kirwan sold the leasehold rights over the entire property of 3596.55 acres to M/s.Kerala Calicut Estate Limited as per various documents between the years 1922 to 1934. The ancestors of the writ petitioner purchased the leasehold rights of 2355 acres out of the said 3596.55 acres from the Kerala Calicut Estate Limited as per Indenture No.834/1956 of SRO, Calicut. The ancestors appears to have entered into a partition deed. The land now claimed to be in possession of the writ petitioner was allotted to his father in a partition and thereafter, their father gifted the land to the writ petitioner and his brother. There is no dispute as to the fact that the derivation of the rights claimed by the writ petitioner by way of lease from the original owner of the land.
JUDGEMENT OF THE CASE
The lessee does not want to create another lease. He wants to transfer the entire lease hold interest. In such circumstances, Section 74 of the KLR Act will not come into play. That being the case, there appeared no reason to interfere with the impugned judgment. Hence, the writ appeal was dismissed.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
