Application of Section 3 of the Kerala Service Inam Lands Vesting and Infringement Act, 1981 for short hereinafter referred to as the said Act vis a vis the possession of the parties is the question involved in these appeals which arise out of judgments and orders dated 24.2.2006 passed by a Division Bench of the Kerala High Court.
Appellant s claim that the said Inam holder settled 43 cents out of 49 cents in Survey No.1983 of Madathuvilakom village in their favour.
1 The son of the original Inam holder Gopalan Pillai Velappan Nair respondent No.9 herein filed a suit for recovery of possession of the said property with arrears of rent against the appellant which was decreed.
The Division Bench of the High Court while affirming the said view, held Of companyrse the appellant 4th respondent heavily would rely on the findings regarding his possession in OS No.953/1966 and A.S.No.717 of 1972 arising therefrom.
Once the lower authorities have categorically found, as a matter of fact, that the 1st petitioner was in possession till about March, 1981 and she was forcibly dispossessed by the fourth respondent.
Pursuant to or in furtherance of the said order dated 23.10.1987 a fresh inquiry was held and in its report the Settlement Officer 2 recorded that the property in question was in possession of the appellant herein as on the appointed date.
It was held that up of March, 1981 the aforementioned Nani Devki was in possession but she was forcibly dispossessed by the appellant herein.
The parties hereto claim settlement from the original Inam holder Kali Pillai Gopala Pillai.
Nani Devki filed a writ petition before the High Court.
The Act provides for grant of settlement in favour of a person who may file an application therefor being in possession of the property.
1 5 claimed that they were also the lessees of the said Inam holder.
However, it appears that the execution petition to enforce the said decree was pending.
Appointed date has been defined in the Act meaning the date from which the said Act came into force.
The revision application filed before the State was also dismissed by an order dated 26.2.1990.
On 16.3.1999, a learned Single Judge of the Kerala High Court allowed the writ petition.
For obtaining settlement number only the appellant but also the said Nani Devki as also aforementioned Gopalan Pillai Velappan Nair filed their respective applications.
ORDER CIVIL APPEAL NO.1536 /2008 SLP C No.7630/2006 With A.No.1540/2008 SLP C No.7938/2006 A.No.1537/2008 SLP C No.7988/2006 Leave granted.
However, the matter was remanded by the District Collector by an order dated 23.10.1987.
The said Act came into force with effect from 6.8.1981.
In fact they obstructed execution of the said decree on 14.8.1971.
Aggrieved by and dis satisfied therewith Nani Devki preferred an appeal which was dismissed.
One Nani Devki predecessor in interest of the respondents number represented by Lrs.being respondent Nos.
Indisputably, in terms of Section 3 of the Act, the Inam land vests in the Government.
The land in question was directed to be settled in favour of the appellant.
By reason of a deed of assignment executed on 6.11.1992, the property was transferred.
An inquiry was made by the Settlement Officer.
According to the respondents the said suit was a companylusive one.
Respondents herein claim that they had all along been in possession of the said property.
