STATE OF KERALA AND ANR. versus MOHAMMED BASHEER

Citation: [2019] 1 S.C.R. 477 · Decided: 22-01-2019 · Supreme Court of India · Bench: S. ABDUL NAZEER · Disposal: Dismissed

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Judgment (excerpt)

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STATE OF KERALA AND ANR.
v.
MOHAMMED BASHEER
(Civil Appeal Nos. 10075-10076 of 2014)
JANUARY 22, 2019
[S. ABDUL NAZEER AND DEEPAK GUPTA, JJ.]
Kerala Land Reforms Act, 1963 – s.72(K) and 102 –
Respondent filed petition in the Forest Tribunal for settlement of
dispute in relation to the land in question inter alia on the ground
that the land is not a private forest as defined u/s.2(f) of the 1971
Act and it did not vest in the government u/s.3 of the 1971 Act and
that the Land Tribunal issued certificate of purchase in favour of
the respondent, as he was found to be the cultivating tenant in
possession of the said land – Appellant-State contended that the
land vested in the government u/s.3 of the 1971 Act and is under
the custody of the Forest Department since then – Petition dismissed –
Challenge by Respondent before High Court, allowed – On appeal,
held: Sub-s.(2) of s.72K of the 1963 Act states that the certificate of
purchase issued by Land Tribunal u/sub-s.(1) shall be conclusive
proof of the assignment to the tenant of the right, title and interest
of the landlord and the intermediaries, if any – Land Tribunal
initiated suo motu proceedings, after obtaining information that the
cultivating tenant had been in possession – Land Tribunal initiating
proceedings in favour of the cultivating tenant would be considering
the possession of a tenant as on the said date which is far earlier
than the 1971 Act – Possession and title under the certificate of
purchase have to relate back to a date prior to the date of vesting
under the 1963 Act, i.e. 01.04.1964 – Therefore, there is no question
of vesting of the land in the Government under the 1971 Act which
came into force subsequent to the date of 1963 Act – Certificate of
purchase was issued by the Land Tribunal, u/sub-s.(1) of s.72K of
the 1963 Act – No appeal was filed u/s.102 of the 1963 Act
challenging the said certificate either by the Government or any
other person – Thus whatever right, title and interest, the landlord
had in the land, was assigned in favour of the respondent under
the certificate of purchase – Respondent is the owner of the land as
[2019] 1 S.C.R. 477
477
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SUPREME COURT REPORTS
[2019] 1 S.C.R.
he has legal title to hold the said land – Further, land in question is
exempted from vesting in the State u/sub-s.(2) of s.3 of the 1971 Act
– Kerala Private Forests (Vesting and Assignment) Act, 1971 – s.2,
3 – Kerala Land Reforms (Vesting and Assignment) Rules, 1970 –
Evidence Act, 1872 – s.4.
Words & Phrases – ‘own’ – Meaning of – Discussed.
Dismissing the appeals, the Court
HELD: 1.1 The Kerala Private Forests (Vesting and
Assignment) Act, 1971 (KPF Act) has been enacted to provide
for the vesting in the Government of private forests in the State
of Kerala, and for the assignment thereof to agriculturists and
agricultural labourers for cultivation. Section 3 in this Act
provides for the vesting of all private forests in the State
Government free from all encumbrances. But by virtue of sub-
sections (2) and (3), two categories of lands are exempted or
excluded from the application of the provision for vesting. The
appointed day for the purpose of Section 3 is 10.5.1971, which is
clear from Section 2(a) of the KPF Act. [Para 9][483-C-D; 484-C-
D]
1.2  Kerala Land Reforms Act, 1963 received the assent of
the President on 31.12.1963.  Sub-section (1) of Section 72K of
the Land Reforms Act states that as soon as may be after the
determination of the purchase price under Section 72F or the
passing of an order under sub-section (3) of Section 72MM, the
Land Tribunal shall issue a certificate of purchase to the cultivating
tenant, and thereupon the right, title and interest of the landowner
and the intermediaries, if any, in respect of the holding or part
thereof to which the certificate relates, shall vest in the cultivating
tenant free from all encumbrances created by the landowner or
the intermediaries, if any. [Paras 11, 14][484-F-G; 485-E-F]
1.3 Sub-section (2) of Section 3 of the KPF Act provides for
the exemption of the private forest from vesting. The appointed
day for the purpose of Section 3 is 10.5.1971, which is clear from
Section 2(a) of the KPF Act. Sub-section (2) of Section 3 states
that the land comprised in private forest held by an owner under
his personal cultivation is exempted from vesting, if the ceiling
limit under the Kerala Land Reforms Act is not exceeded. The
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land in question 

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