Land Tribunal Pattayam. Land Board Directions James Joseph Adhikarathil 9447464502
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According to Sec.106B of the K.L.R. Act, such deemed tenants may apply and obtain certificate of title in respect of the land held by him. It is pertinent to note that the word 'may' is used and it gives rise to an inference that the said provision is incorporated to grant a certificate of title to the deemed tenants who are desirous of getting it. Here, the question is, whether a deemed tenant under Sec.7E of the K.L.R. Act, who purchased the holding and derives his title from the certificate of title issued under Sec.72K of the K.L.R. Act, to his predecessor in interest, is required to obtain and produce a fresh certificate of title, under Sec.106B of the K.L.R. Act, in his name, to get reduced his holding from the ceiling area of the declarant, with respect to the same holding, notwithstanding the certificate of title that had been granted to his predecessor in interest.
8. Of course, if he is desirous of getting a fresh certificate in his name also, he may apply for the same and obtain it. In view of the conclusiveness of the purchase certificate issued to the predecessor in interest, it cannot be said that unless and until the petitioners have obtained a fresh certificate of title in his name under Sec.106B of the K.L.R. Act, he cannot be considered as a deemed tenant, under Sec.7E of the Kerala Land Reforms Act. If the person, who holds the land satisfies all the statutory requirements, under Sec.7E of the KLR Act and derives his right and title from the certificate of title granted, to his predecessor in interest, under Sec.72(K) of the KLR Act, he can be considered as a deemed tenant and all the rights and privileges of the deemed tenant also can be given to him, notwithstanding the absence of fresh certificate under Sec.106B of the KLR Act, in his name. Once a purchase certificate is issued under Sec.72K with respect to a land, the right and title conveyed under the certificate would run along with the land and the subsequent purchasers also can derive their right and title therefrom and a fresh certificate under Sec.106B of the KLR Act is not required to establish the conveyance of right and title by the earlier land owner to the new purchaser.
9. A deemed tenant under Sec.7E of the KLR Act, who derives his right and title from certificate of title granted to his predecessors or predecessors in interest under Sec.72K of the KLR Act, shall not be required to again obtain and produce a fresh certificate of title in his name with respect to his land in compliance with Sec.106B of the KLR Act, for reducing his land from the ceiling area of the declarant. Once the landlord's title was purchased by depositing the purchase price and obtained purchase certificate, there cannot be a further transfer of title and interest by purchase as the landlord had already lost the same. Going by the records, it could be seen that the respondents themselves have admitted in various reports and orders passed earlier that Sri. G.P. Raghavan Pillai had obtained a certificate of title dated 14/12/1988 under Sec.72K of the KLR Act, pursuant to the judgment dated 26/7/1985 passed by the Appellate Authority with respect to 3 Acres and 75 cents of property, and the petitioners' property forms a part of that property. Thus, the petitioners' right and title stand derived from the certificate of purchase granted to Sri. G.P. Raghavan Pillai, their predecessor in interest
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