AIR 2015 SUPREME COURT 2556

Supreme Court Of India

Hon'ble Judge(s): M. Y. Eqbal, Amitava Roy , JJ

(A) Kerala Land Reforms Act (1 of 1964) , S.13, S.3, S.3(1)(viii)— Constitution of India , Art.136— Suit for eviction - Claim that lease was of forest land and hence stand, exempted from Act - No plea raised in suit that lease was of plantation - Such plea raised for first time in appeal before Supreme Court is not tenable. (Para 19) (B) Transfer of Property Act (4 of 1882) , S.116— Tenancy by holding over after expiry of term of lease - Does not change purpose for which property has been originally leased. (Para 20) (C) Kerala Land Reforms Act (1 of 1964) , S.3, S.3(1)(viii), S.2(44), S.13— Tenancies in respect of plantations exceeding 30 acres - Exemption from provisions of Act - Availability - Tenancy permitting lessee to raise plantation on leasehold land - Not entitled to exemption only because on date of Act plantation did exist on demised land - Fact that lessee was holding over after expiry of term of lease and had become year to year lessee does not change nature of lease to lease in respect of plantation - Tenancy not being exempted under Act tenant held entitled to fixity of tenure. Transfer of Property Act (4 of 1882) , S.116— ....