PUTHIYA PURAYIL KANNAN'S WIDOW KOZIPURATH CHEMMARATHI BY L.R. KOZHIPURATHU KANARAN versus PATINHARE KOYYATTAN BALAN AND ORS.

Citation: [1997] 3 S.C.R. 330 · Decided: 21-03-1997 · Supreme Court of India · Bench: K. RAMASWAMY, K.T. THOMAS · Disposal: Dismissed

Judgment (excerpt)

A 
PUTHIY A PURA YIL KANNAN'S WIDOW KOZIPURA TH 
CHEMMARATHI BY L.R. KOZHIPURATHU KANARAN 
v. 
PATINHARE KOYYATTAN BALAN AND ORS. 
B 
MARCH 21, 1997 
[K. RAMASWAMY AND K.T. THOMAS, JJ.] 
Kera la Land Ref omzs Act, 1964 : 
C 
S.7-B-Defective lease deed-Tenant in possession of land on basis of 
lease deed, over 20 year~~Held, though there is defect in confennent of right 
to possession under the registered lease deed, the tenant having remained in 
possession is entitled to occupancy right-High Co wt has found as a fact that 
the respondellt having come into lawful possession of the land by virtue of 
defective lease deed his possession is protected u/S. 7-~There is no merit in 
D the case wan·anting inteif erence. 
E 
Limitation Act, 1963 : 
Articles 120 and 121 to the Schedul~Application for setting aside 
abatement-Limitation-Held, application is required to be filed within 60 
days from date of abatement-Though the action had abated, but since the 
application was filed within 60 days from the date of abatement and for the 
reasons stated in the application, the abatement stands set asid~Application 
allowed. 
p 
CIVIL APPELLATE JURISDICTION: Review Petition No. 198 of 
G 
1996. 
In 
Special Leave Petition (C) No. 17908 of 1993. 
From the Judgment and Order dated 29.8.90 of the Kerala High 
Court in C.R.P. No. 1171 of 1975. 
T.T. Kunhikannan for the Petitioner. 
H 
K.M.K. Nair for the Respondents. 
330 
I 
\ 
PUlliIYA PURA YIL KANNAN·s WIDOW KOZIPURA11l CHEMMARATHI '- P.K. BALAN 
331 
The following Order of the Court was delivered : 
A 
This Court by order dated November 16, 1995 dismissed the special 
leave petition on the ground that the original petitioner had died on 
September 1, 1993 and the application to bring the legal representatives on 
record was iiled on January 27, 1994 and, therefore, the application stood B 
abated. It is not in dispute that the original petitioner died on September 
l, 1993. By operation of Article 120 of the Schedule to the Limitation Act, 
1963, the application lo bring on record the legal representatives of the 
deceased plaintiff or defendant, should be filed within 90 days from the 
date of the death of the plaintiff/defendant. If the application is not filed 
within the date, the abatement takes place. As contemplated in Article C 
121 of the Schedule which envisages that for seeking an order to set aside 
the abatement, the application need to be filed within 60 days from the 
date of the abatement. In this case, since the original petitioner died on 
September 1, 1993, the application was required to be filed within 90 days 
from that date which, no doubt, was not filed. So, abatement took place. D 
Thereafter, the 
application to set aside the abatement was filed on 
January 27, 1994 which is within 60 days. Though at that stage the action 
had abated, for the reasons stated in the application, the abatement Mands 
set aside. The petition for setting aside the abatement is accordingly 
allowed. 
We have heard the case on merits. The case of the respondent is that 
he has come into possession by virtue of lease granted by the landlord and 
E 
he has been in possession for well over 20 year. In paragraph 7 of the 
Judgment of the Division Bench of the High Court dated August 29, 1990 
made in CRP No. 4171/75, it has pointed out that the respondent came F 
into lawful possession of the property under a lease deed though the same 
was found to be defective. Section 7-B of the Kerala Land Reforms Act 
postulates Thus : 
"Notwithstanding anything to the contrary contained in any law or 
in any contrary, contract, custom or usage, or in any judgment, G 
decree or order of Court, any person in occupation of the land of 
another at the commencement of the Kerala Land Reforms 
(Amendment) Act, 1969 on the basis of a registered dead purport-
ing to be a lease deed shall be deemed to be a tenant if he or his 
predecessor-in-interest was in occupation of such land on the 11th H 
A 
332 
SUPREME COURT REPORTS 
[1997) 3 S.C.R. 
day of April, 1957 on the basis of that deed, notwithstanding the 
fact that the lease was granted by a person who had no right over 
the land or who was no competent to lease the land." 
A reading thereof clearly envisages that notwithstanding anything to 
the contrary contained in any law or in any contract, custom or usage, or 
B in any judgment, decree or order of the Court, any person in occupation 
of the land .... on the basis of a registered deed purportin

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