VidhiSangh

Supreme Court of India · 22/01/2019

STATE OF KERALA AND ANR. versus MOHAMMED BASHEER

[2019] 1 S.C.R. 477 · 2019 INSC 65

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Summary

The State unsuccessfully challenged exemption of approximately two acres from private-forest vesting. A competent Land Tribunal had, after inquiry, issued the claimant a purchase certificate under Section 72K of the Kerala Land Reforms Act. The unchallenged certificate conclusively established assigned title and, in these proceedings, possession as a cultivating tenant before forest vesting. Together with the other materials and the undisputed ceiling position, it established exemption for land held by an owner under personal cultivation.

Issues

  1. Whether a final purchase certificate established ownership and cultivating possession for exemption from private-forest vesting.
  2. Whether the State could disregard the certificate because the Forest Department had not been a party to its issue.

Provisions considered

Held

Result

State’s appeals dismissed without order as to costs; the High Court’s decision exempting the land from vesting remained undisturbed.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 477.