1996 (9) TMI 610 - SC - Indian Laws

Summary

Issues Involved:
1. Claim of Deemed Tenancy Status u/s 6C of the Kerala Land Reforms Act, 1963.
2. Applicability of Principles of Res Judicata.
3. Validity of Lease Created by a Life Estate Holder.

Summary:

1. Claim of Deemed Tenancy Status u/s 6C of the Kerala Land Reforms Act, 1963:
The appellants, heirs of deceased defendant no.2, challenged the Kerala High Court's rejection of the claim for deemed tenancy under Section 6C of the Kerala Land Reforms Act, 1963, as introduced by the Kerala Land Reforms (Amendment) Act, 1979. The original appellant claimed the status of a deemed tenant based on a lease deed executed on 10th January 1969, which was previously invalidated under Section 74 of the Act.

2. Applicability of Principles of Res Judicata:
The Supreme Court examined whether the appellant's claim for deemed tenancy under Section 6C was barred by res judicata. The Court noted that earlier judgments, including one by the Supreme Court dated 28th August 1978, had conclusively rejected the appellant's tenancy claim. The Court emphasized that the Legislature cannot overrule judicial decisions without removing the substratum of the judgment through retrospective amendments. Since Section 6C was not given retrospective effect and Section 74 was not deleted or amended retrospectively, the appellant's claim was barred by res judicata.

3. Validity of Lease Created by a Life Estate Holder:
The High Court had also held that the lease in favor of the appellant was invalid as it was created by Parvathi Amma, a life estate holder, who had no authority to create such a lease. The Supreme Court, however, did not delve into this aspect, as the issue of res judicata was sufficient to dismiss the appeal.

Conclusion:
The Supreme Court confirmed the High Court's judgment on the ground of res judicata, barring the appellant from re-agitating the tenancy claim under Section 6C. The appeal was dismissed with no order as to costs.