High Court Kerala High Court

C.P.Jameela vs The Plantation Corpn. on 24 May, 2010

Kerala High Court
C.P.Jameela vs The Plantation Corpn. on 24 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

AS.No. 65 of 1998(A)



1. C.P.JAMEELA
                      ...  Petitioner

                        Vs

1. THE PLANTATION CORPN., OF KERALA
                       ...       Respondent

                For Petitioner  :SRI.K.G.GOURI SANKAR RAI

                For Respondent  :SRI.JOSEPH MARKOSE (SR.)

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :24/05/2010

 O R D E R
                       M.N. KRISHNAN, J.
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              A.S. Nos. 65 & 142 OF 1998
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              Dated this the 24th day of May 2010.

                        J U D G M E N T

Both these appeals are preferred against the

judgment and decree passed by the Subordinate Judge,

Hosdrug in O.S.42/96. The suit is one for recovery of

possession of 30 cents of property. The court below

granted a decree for recovery of possession of the

property and permitted the plaintiff to realize mesne

profits but ordered value of improvements to be paid to

the defendant. Against the decree for recovery of

possession and the mesne profits the defendant has

come up in appeal as A.S.65/98 and against the order to

grant value of improvements the plaintiff has come up in

appeal as A.S.142/98. The brief facts necessary for the

disposal are as follows.

.A.S. Nos. 65 & 142 OF 1998
-2-

2. The plaintiff is the Plantation Corporation

of Kerala. By virtue of an order, Ext.A1 the Government of

Kerala had sanctioned to accord lease of 1192.718

hectres of forest land in Panathady village Kasaragod

Range comprised in Survey No.317 of that village along

with some other properties. As per clause No.V of Ext.A1,

“an agreement shall be executed by the lessee

incorporating the above terms and conditions of lease

and also any other conditions that may be insisted on.”

So Ext.A1 only evidences a transaction whereby the

Government have accorded sanction for the lease of the

property. I am informed that on the strength of Ext.A1,

subsequently lease document has been executed. When

a Government property is leased, it is certain that there

will be a sketch accompanying the lease deed. Now the

plaintiffs claim recovery of possession of the property

comprised in survey No. 317 on the strength of title. The

defendant on the other hand would contend that he has

.A.S. Nos. 65 & 142 OF 1998
-3-

got property in survey Nos. 370/01 and 370/02 and along

with the same she is in possession of the property

described in the plaint schedule and therefore the

plaintiff does not have title to the plaint schedule

property. So in order to succeed in a suit of this nature

the plaintiff has to prove by production of title deed that

the property described in the plaint schedule property

forms part and parcel of the property leased in favour of

the plaintiff. If it is established then only the question of

adverse possession or limitation that may have to be

considered. If the property described in the plaint

schedule property is not taken in by the lease deed then

most probably the Government alone may have a right

over the property which is to be decided separately by an

independent suit.

3. Now so far as this suit is concerned the

question to be resolved is whether the plaint schedule

property is taken in by the lease granted in favour of the

.A.S. Nos. 65 & 142 OF 1998
-4-

plaintiff or not. If the answer is in positive then unless it

is barred by adverse possession, the plaintiff will be

entitled to get recovery of possession of the property.

Therefore the matter requires consideration at that angle.

4. So far as the decree in A.S.142/98 is

concerned if it is found that the plaintiff has got title to

the property and the defendant is a trespasser of the

property then by no stretch of imagination a trespasser is

entitled to claim value of improvements over the

property. It all depends upon the question of title of the

plaintiff to get a decree in his favour. Therefore the

matter requires reconsideration.

5. Hence the judgment and decree of the

trial court is set aside and an opportunity is given to the

plaintiff as well as the defendant to produce both

documentary as well as oral evidence in support of their

respective contentions and let the property be identified

in accordance with the title deeds and the matter be

.A.S. Nos. 65 & 142 OF 1998
-5-

disposed of in accordance with law. Parties are directed

to appear before the trial court on 2.7.2010. Refund of

full Court fee is allowed.

M.N. KRISHNAN, JUDGE.

ul/-

.A.S. Nos. 65 & 142 OF 1998
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M.N. KRISHNAN, J.

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A.S. Nos. 65 & 142 OF 1998
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J U D G M E N T

24th May, 2010.