Koyappathodi Puthiyedath Ahammedkutty vs State of Kerala and Others

The High court, by an excellent Judgment, well considered and well reasoned, has concluded that when a surrender is shown to have been made contrary to the provision contained in Section 51 of the Kerala Land Reforms Act, 1963, the tenant concerned would be entitled to restoration of possession under Section 13-A of the said Act. The expression ''dispossessed'' does not mean forcibly dispossessed. If the tenant was in possession on 1/04/1964, and has thereafter lost possession which cannot be supported under any provisions of the Kerala Land Reforms Act, Section 13-A would be attracted and the tenant would be entitled to restoration of possession. We, therefore, confirm the findings of the High court and dismiss the special leave petition.