Government is the OWNER of (All Leasehold) Plantation Lands in Kerala. – Saji Koduvath Associates (1).pdf

5/22/22, 7:05 PM Government is the OWNER of (All Leasehold) Plantation Lands in Kerala. – Saji Koduvath Associates
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Saji Koduvath Associates
For all your legal queries
Apr 15 2022
Government is the OWNER of (All Leasehold) Plantation Lands in Kerala.
Government Need Not Pay ‘Land-Value’, as such, if such Lands are Acquired.
A tenant who got ‘fixity’ over such land cannot ‘sell’ it as his absolute
property.
Purchase certificate cannot be given by the LT for land beyond ceiling limit.
Saji Koduvath, Advocate, Kottayam.
1. Abstract
Chapter II
Chapter II of the Kerala Land Reforms Act, 1963 pertains to
‘fixity’ (to tenants),
vesting of property in Govt.,
purchase of landlord’s rights by cultivating tenants,
issuance of ‘certificate of purchase’,
rights and liabilities of Kudikidappukars etc.; and
Chapter II shall not apply [Sec. 3(1)] to
leases of lands belonging to or vested in the Govt,
Leases of private forests,
tenancies of plantations exceeding 30 acres, etc.
Chapter III
Chapter III pertains to
ceiling limit,
surrender,
vesting of excess land in Govt. etc.; and
Chapter III shall not apply [Sec. 81(1) ] to
lands owned or held by the Government,
private forests,
plantations, etc.
Fixity of Tenants and Assignment of land to Tenants
Sec. 13 of the KLR Act, 1963 proclaims that every tenant shall have fixity of tenure
in respect of his holding.
Sec. 72 of the Act declares that the title of a land is vested in Government free
from all encumbrances created by the landowners and intermediaries and subsisting
thereon if
(i) it is held by a cultivating tenant and
(ii) the tenant is entitled to fixity of tenure.
Sec. 72B enables ‘cultivating tenants’ to get the assignment of leasehold
land within ceiling area (by purchase certificate provided in Sec. 72K).
Sec. 81 exempts plantation from ceiling limits.
Plantation Land Cannot be Assigned to a Tenant

From the above, it is clear:
. Tenants who hold the plantation lands are entitled to fixity of tenure under Sec. 13.
. As the tenants who hold the plantation land are cultivating tenants, such lands
are vested in Government.
. The plantation land, above ceiling limit [under Sec. 72B], cannot be assigned (by the
Land Tribunal) to a tenant.
Therefore, the OWNER of the (exempted) Leasehold-Plantation-Lands in Kerala is
the Government of Kerala.
2. Provisions as to Fixity, Purchase Certificate, Plantation-Exemption, Ceiling
Area, etc.
Tenant & Fixity –
Section 13(1) reads as under:
13. Right of tenants to fixity of tenure. (1) Notwithstanding any thing to the contrary
contained in any law, custom, usage or contract or in any decree or order of
court, every tenant, shall have fixity of tenure in respect of his holding, and no land
from the holding shall be Limited except as provided in Sections 14 to 22.”
Tenant is defined in Sec 2 (57) as under:
(57) “tenant“ moans any person who has paid or has agreed to pay rent or other
consideration for his being allowed to possess and to enjoy any land by a person
entitled to lease that land, and includes- …. ….. ….. “
Cultivating Tenant & Vesting of land in Government –
Section 72(1) reads:
“72. Vesting of landlord’s rights in Government: (1) On a date to be notified by the
Government in this behalf in the Gazette, all right, title and interest of the
landowners and intermediaries in respect of holdings held by cultivating
tenants (including holders of kudiyirippus and holders karaimas) entitled to fixity of
tenure under Section 13, and in respect of which certificates of purchase under Sub-
section (2) of Section 59 have not been issued, shall, subject to the provisions of this
section, vest in the government free from all encumbrances created by the
landowners and intermediaries and subsisting thereon the said date”
It provides (automatic) vesting of leasehold properties in Govt. Conditions thereof
are:
(i) the land must be held by cultivating tenants;
(ii) they should be entitled to fixity of tenure under Sec. 13.
Sec. 2(8) defines cultivating tenant as under:
“cultivating tenant“ means a tenant who is in actual possession of, and is entitled to
cultivate, the land comprised in his holding.”
Issue of Purchase Certificate
Section 72B, 72C and 72K(1) & (2) read as under:
“72B. Cultivating tenants right to assignment. – (1) The cultivating tenant of any
holding or part of a holding, the right, title and interest in respect of which
have vested in the Government under Section 72, shall be entitled to assignment of
such right, title and interest:

Provided that
(a) no cultivating tenant shall be entitled to assignment of the right, title and interest
in respect of any holding or part of a holding under this Section if he, or if he is a
member of a family, such family, owns an extent of land not less than-the ceiling
area.
(b) where the cultivating tenant or, if he is a member of a family, such family, does
not own any land or owns an extent of land which is less than the ceiling area, he
shall be entitled to the assignment of the right, title and interest in respect of only
such extent of land as will, together with the land, if any, owned by him or his family,
as the case may be, be equal to the ceiling area.
Explanation. – In calculating the extent of land owned by the cultivating tenant or,
where he is a member of a family, by such family, for the purposes of clauses (a)
and (b) of the foregoing proviso, the portion of the land owned by such cultivating
tenant or by the family, which is liable to be assigned to the cultivating tenants
holding under him or such family, shall not be taken into account.
(2) The provisions of Section 82 shall, so far as may be, apply to the calculation of
the ceiling area for the purposes of the proviso to Sub-section (1);
Provided that if no date has been notified under Section 83, the date notified under
Section 72 shall be deemed to be the date notified under Section 83.
(3) Any cultivating tenant entitled to assignment of the right, title and interest in
respect of a holding or part of a holding under Sub-section (1) may apply to the Land
Tribunal within whose jurisdiction such holding or part is situate within two years
from the dote of vesting of such right, title and interest in the Government under
Section 72, or such further time as may be allowed by the Government in this behalf,
for such assignment to him.
(4) An application under Sub-section (3) shall contain the following particulars,
namely:(a) the village, survey number and extent of the holding or part to which the
assignment relates.(b) the name and address of the landowner and intermediaries
and also of every other person interested in the land and the nature of their interest
so far as they arc known to him;(c) the particulars regarding the other lands owned
or held by him or if he is a member of a family; by such family; and(d) such other
particulars as may be prescribed.
(5) Where a cultivating tenant is entitled to the assignment of the right, title and
interest in respect of only a portion of the holding held by him, he may indicate in the
application under Sub-section (3) his choice of the portion to which the assignment
shall relate.”
“72C. Assignment where application is not made by cultivating
tenant. Notwithstanding anything contained in Sub-section (3) of Section 72B [or
Section 72BB], the Land tribunal may, subject to such rules as may be made by the
Government in this behalf, at any time after the vesting of the right, title and interest
of the landowners and intermediaries in tile Government under Section 72, assign
such right, title and interest to the cultivating tenants entitled thereto, and the
cultivating tenants shall be bound to accept such assignment.”

“72K. Issue of certificate of purchase. – (1) As soon as may be after the
determination of the purchase price under Section 72F [or the passing of an order
under Sub-section (3) of Section 72MM] the Land Tribunal shall issue a certificate of
purchase to the cultivating tenant, and thereupon the right, title and interest of the
landowner and the intermediaries, if any, in respect of the holding or part thereof to
which the certificate relates, shall vest in the cultivating tenant free from all
encumbrances created by the landowner or the intermediaries, if any.
(2) The certificate of purchase issued under Sub-section (1) shall be conclusive
proof of the assignment to the tenant of the right, title and interest of the landowner
and the intermediaries, if any, over the holding or portion thereof to which the
assignment relates.”
Note: Sec. 72F speaks as to ‘Land Tribunal to issue notices and determine the
compensation and purchase price; and Sec. 72MM provides for jointly applying, by
the cultivating tenant, the landowner, the intermediary, the holders of encumbrances,
etc, to the Land Tribunal, for an order for ‘assignment by mutual agreement’ to the
cultivating tenant.
3. The Tenant is Liable to pay ‘Rent‘ and Land Tax
The land being vest in Govt. under Sec. 72, Sec. 72E casts duty on the ‘cultivating
tenant’ to pay ‘rent‘ to the Government.
In Jagannath Temple Managing Committee v. Siddha Math, (2015) 16 SCC 542,
while dealing with the ‘vesting’ under Land Acquisition Act,1894, it is held that ‘it is a
settled principle of law that once a property is vested by an Act of legislature, to
achieve the laudable object, the same cannot be divested by the enactment of any
subsequent general law and vest such property under such law.’
(LA Act, 1894, Sec. 16 reads as under: Power to take possession. When the
Collector has made an award under section 11, he may take possession of the land,
which shall thereupon vest absolutely in the Government, free from all
encumbrances.)
The concept of ‘vesting’ was also considered in The Fruit & Vegetable Merchants
Union v. The Delhi Improvement Trust, AIR 1957 SC 344. In this decision it is held
as under:
“(19) That the word “vest” is a word of variable import is shown by provisions of
Indian statutes also. For example, S. 56 of the Provincial Insolvency Act (5 of 1920)
empowers the Court at the time of the making of the order of adjudication or
thereafter to appoint a receiver for the property of the insolvent and further provides
that “such property shall thereupon vest in such receiver”. The property vests in the
receiver for the purpose of administering the estate of the insolvent for the payment
of his debts after realising his assets. The property of the insolvent vests in the
receiver not for all purposes but only for the purpose of the Insolvency Act and the
receiver has no interest of his own in the property. On the other hand, Ss. 16 and 17
of the Land Acquisition Act (Act 1 of LA), provide that the property so acquired, upon
the happening of certain events, shall “vest absolutely in the Government free from
all encumbrances”. In the cases contemplated by Ss. 16 and 17 the property

acquired becomes the property of Government without any conditions or limitations
either as to title or possession. The legislature has made it clear that the vesting of
the property is not for any limited purpose or limited duration. It would thus appear
that the word “vest” has not got a fixed connotation meaning in all cases that the
property is owned by the person or the authority in whom it vests. It may vest in title,
or it may vest in possession, or it may vest in a limited sense, as indicated in the
context in which it may have been used in a particular piece of legislation. The
provisions of the Improvement Act, particularly Ss. 45 to 49 and 54 and 54-A when
they speak of a certain building or street or square or other land vesting in a
municipality or other local body or in a trust, do not necessarily mean that ownership
has passed to any of them.” [Quoted in Indore Development Authority vs Manoharlal
(Arun Mishra, J.), (2020) 8 SCC 129.]
Sec. 72E reads as under:
72E. Rent of holdings vested in Government but not assigned to cultivating
tenants. – Where in respect of any holding or part thereof, the right, title and interest
of the landowner and intermediaries have vested in the Government under Section
72 and the cultivating tenant is not entitled to the assignment of such right, title and
interest by virtue of Sub-section (1) of Section 72, the cultivating tenant shall
be liable to pay to the Government the rent payable under this Act from the date of
vesting under Section 72.
With respect to payment of tax it is stated as under in Sec. 72S:
72S. Liability for assessment alter the date of vesting under Section
72. (1)] Notwithstanding anything contained in the Kerala Land Tax Act, 1961, or in
any other law for the time being in force, or in any contract, where the right, title and
interest of the landowner and the intermediaries, if any, in respect of a holding have
vested in the Government under Section 72, the cultivating tenant of that
holding shall be liable to pay the basic tax payable in respect of that holding under
the said Act and other taxes and cesses due in respect of that holding.
(2) In the case of a holding or part of a holding in respect of which an application for
resumption under the provisions of this Act is rejected, the cultivating tenant shall be
liable to pay the basic tax and other taxes and cesses in respect of such holding or
part of the holding, as the case may be, with effect on and from the date notified
under Sub-section (1) of Section 72.
4. Provisions as to Excess, Ceiling Return, Surrender, Exemption, Etc.
Section 81 – exemptions:
S. 81, the first Section in Chapter III deals with exemption from ceiling limit of
plantation, industrial land, etc. Sec. 81(1)(e) reads as under:
“Exemptions: (1) The provisions of this Chapter shall not apply to–
(a) lands owned or held by the Government ….
…. …..
(e) plantations;
…………”

Plantation: Under Sec. 2, clause (44), plantation means any land used by a person
principally for the cultivation of tea, coffee, cocoa, rubber, cardamom or cinnamon.
Section 82 & 83 – ceiling area:
S. 82 & 83 deal with ceiling area and bars holding land excess of ceiling fixed.
Sec. 83 reads as under:
“83. No person to hold land in excess of the ceiling area. With effect from such dates
as may be notified by the Government in the Gazette, no person shall be entitled to
own or hold or to possess under a mortgage lands in the aggregate in excess of the
ceiling area.”
Section 85(1) – surrender of excess land:
85. Surrender of excess land. (1) Where a person owns or holds land excess of the
ceiling area on the date notified under Section 83, such excess land shall be
surrendered as hereinafter provided: …. ….”
Read Blog: Relevant provisions of Kerala Land Reforms Act in a Nutshell
5. Effect of Conversion or Sale of A Portion of Exempted Land
Section 87 reads as under:
“S.87. Excess land obtained by gift, etc. to be surrendered – (1) Where any person
acquires any land dafter the date notified under Section 83 by gift, purchase,
mortgage with possession, lease, surrender or any other kind of transfer inter vivos
or by bequest or inheritance or otherwise and in consequence thereof the total
extent of land owned or held by such person exceeds the ceiling area, such excess
shall be surrendered to such authority as may be prescribed.
Explanation 1 – Where any land is exempted by or under Section 81 and such
exemption is in force on the date notified under Section 83, such land shall, with
effect from the date on which it ceases to be exempted, be deemed to be land
acquired after the date notified under Section 83.
Explanation II – Where, after the date notified under Section 83, any class of
land specified in Schedule II has been converted into any other class of land
specified in that Schedule or any land exempt under Section 81 from the provisions
of this Chapter is converted into any class of land not so exempt and in
consequence thereof the total extent of land owned or held by a person exceeds the
ceiling area, so much extent of land as is in excess of the ceiling area, shall be
deemed to be land acquired after the said date.
Explanation II is explained by the Full Bench of the Kerala High Court in Mathew K.
Jacob v. District Environmental Impact Assessment Authority,2018-4 KLT 913, as
under:
“The consequence is that the benefit of the exemption would be lost and the extent
added to the account of the assessee or the declarant in determination of his ceiling
area.”
That is, if a person converts any portion of his exempted land to any other class, that
converted extent will be added to his account in determining his ceiling limit; and the
Taluk Land Board can proceed upon that (excess) land. In short, the exemption will
be lost for that portion.

6. Fragmentation has to be Treated as Conversion for Non-exempted Category
The decision in One Earth One Life v. State of Kerala, 2019-2 KHC(SN) 10; 2019-1
KLT 985, arose from the Writ Petition filed for a declaration that the fragmentation
and sale of a Rubber Plantation for non-plantation purposes was illegal as it
defeated the purpose of the Kerala Land Reforms Act. When the matter was placed
before the Taluk Land Board under Sec 87, KLR Act, it found that there was no
change in classification of the land and therefore dropped the proceedings. The High
Court held as under:
“34. Section 81 of the KLR Act is in pith and substance a special provision, with
its main objective of giving exemption to certain lands including the lands maintained
as plantations is to prevent fragmentation of the land and to keep it as plantation
itself to improve the economy of the state for welfare of people as a whole while the
Act creates a regime, the State is under an obligation to safeguard, the intended
purpose of the provisions of the Act in its spirit. ….. …… It could be gathered from
the records that the proposal to transfer 1.03 acres of land to each workers in
discharge of their service or retrenchment benefits will definitely divide the plantation
into separate slots and that would definitely change the character/nature of the
plantation, which could be termed as ‘conversion’ and that will be against the
provisions of the Act.”
“37. …. Fragmentation of the estate and transfer of it has to be treated as a case of
conversion of plantation into some other category of land. Such being the scenario,
fragmentation amounts to serious violation of the provisions of KLR Act. Hence, we
are not impressed by the argument of the learned counsel for the respondent No.18
that the fragmented plots will be maintained as plantation by the transferees, so as
to extend/avail the benefit of HMT’s case (supra). Taking into account of all the
relevant aspects, we have no hesitation in holding that dropping of the suo motu
proceedings initiated under Section 87 of KLR Act by the TLB in a cursory
manner, is not at all reasonable or justifiable when tested on the touchstone of the
object and intention, which the legislation seeks to achieve and beyond what is
required, in the interest of the public.”
7. Can a Tenant of Plantation Transfer his Rights, Fragmenting the Plantation
Possession by itself is a substantive right recognised by law. It is heritable and
transferable. (Kuttan Narayanan v. Thomman Mathayi, AIR 1966 Ker 179; Phirayalal
Kapur Vs. Jia Rani, AIR 1973 Delhi 186; Nallammal Vs. Ayisha Beevi, 2017-5 Mad
LJ 864).
See Blog: POSSESSION is a Substantive Right in Indian Law
Therefore, a tenant of plantation having rights of fixity (Sec. 13) may have the right
to transfer it to another. In any case, the change of character or nature of the
plantation by fragmentation being amount to ‘conversion’ that will be against the
provisions of the Act, as pointed out in One Earth One Life v. State of Kerala, 2019-2
KHC(SN) 10; 2019-1 KLT 985.
9. Conclusion
Who is the OWNER of Exempted (Leasehold) Plantation Lands in Kerala?

It is Government itself. Because,
1. Plantation (lease) lands VEST in GOVT, automatically
For the reason – Sec. 72 provides for mandatory and involuntary vesting of
leasehold lands in Govt., if the conditions in Sec. 72 are satisfied; that is,
(i) held by cultivating tenants;
(ii) tenants thereof are entitled to fixity of tenure under Sec. 13.
2. Govt. is the Owner
For the reasons –
Title is declared to be vested in Government (Sec. 72).
The plantation land cannot be assigned to the tenants for the area being
above ceiling limit [Sec. 72B(2)]; and no purchase certificate can be issued.
Plantation land cannot be fragmented (Sec. 87 Explanation II).
Such tenant is liable to pay rent to the Government (Sec. 72E).
3. ‘Exemption’ in Chapter III Cannot be read into Sec. 72B(2)
Sec. 72B(2) specifies that the provisions of Section 82 as to ceiling limit
shall apply (when assignment is given).
The exemption provision in Sec. 81 (Chapter III) cannot be brought-forth or read-
into Sec. 72B.
Because:
Sec. 82 (ceiling limit) itself is not applicable to plantation lands (as Sec. 81 exempts
plantation from the provisions of Chapter III).
That is, Sec. 82 is an independent provision, not controlled by the exemption
provision in Sec. 81.
When an independent provision in a Chapter is relied on (or read) in a section of
another Chapter, it cannot be said – the colour, light or smell of the entire Chapter of
the invitee section is reflected.
Further:
Chapter II of the KLR Act is exclusive and exhaustive as to ‘fixity’ and ‘vesting’ of
land in Government.
Proviso to Sec. 72B(1) also show it is an an independent provision.
It is not stated anywhere in the Act – the right and title of the (leased-plantation)
land vested in Government under Sec. 72, will be divested in any manner (to the
previous owner, or to the tenant or to anybody else).
Sec. 72E provides for collection of ‘rent‘ from the holders of the plantation, for the
reason that the land vests in Govt.
In other words, under the KLR Act, the holders of such ‘Plantation-Lease-Lands’ are
only ‘Tenants of Government’.
Proceedings initiated by Taluk Land Board under Chapter III do not confer title.
Therefore,
. The Government Need Not Pay ‘Land-Value‘, as such, if such Lands are Acquired.
. A tenant who got ‘fixity’ over such land cannot ‘sell’ this land as his absolute
property.

. Purchase certificate cannot be given by the Land Tribunal for land beyond ceiling
limit.
Read in this Cluster (Click on the Topic):
Book No. 1. Handbook of a Civil Lawyer
Civil Procedure & CPC
Civil Rights and Jurisdiction of Civil Courts
Pleadings Should be Specific; Why?
Best Evidence Rule in Indian Law
Declaration and Injunction
Res Judicata and Constructive Res Judicata
Order II, Rule 2 CPC – Not to Vex Defendants Twice
Notice to Produce Documents in Civil Cases
Production of Documents: Order 11, Rule 14 & Rule 12
Modes of Proof – Admission, Expert Evidence, Presumption etc.
Marking Documents Without Objection – Do Contents Proved
Production, Admissibility & Proof Of Documents
Sec. 91 CPC and Suits Against Wrongful Acts
Remedies Under Sec. 92 CPC
Mandatory Injunction – Law and Principles
Interrogatories: When Court Allows, When Rejects?
Can a Party to Suit Examine Opposite Party, as of Right?
Decree in OI R8 CPC-Suit & Eo-Nomine Parties
Power of attorney
No Adjudication If Power of Attorney is Sufficiently Stamped
Notary Attested Power-of-Attorney Sufficient for Registration
Permission when a Power of Attorney Holder Files Suit
Stamp Act
Adjudication as to Proper Stamp under Stamp Act
Unstamped & Unregistered Documents and Collateral Purpose
Title and Possession
Adverse Possession: An Evolving Concept
Adverse Possession: Burden to Plead Sabotaged
When ‘Possession Follows Title’; ‘Title Follows Possession’?
Civil Procedure – General
‘Mutation’ by Revenue Authorities will not Confer ‘Title’
Does Alternate Remedy Bar Civil Suits and Writ Petitions?
Void, Voidable, Ab Initio Void, and Sham Transactions
Can Courts Award Interest on Equitable Grounds?
Natural Justice – Not an Unruly Horse
‘Sound-mind’ and ‘Unsound-Mind’
Forfeiture of Earnest Money and Reasonable Compensation
Who has to fix Damages in Tort and Contract?

Notary-Attested Documents: Presumption, Rebuttable
Relevant provisions of Kerala Land Reforms Act in a Nutshell
Evidence Act – General
Expert Evidence and Appreciation of Evidence
How to Contradict a Witness under Sec. 145, Evidence Act
Rules on Burden of proof and Adverse Inference
Best Evidence Rule in Indian Law
Significance of Scientific Evidence in Judicial Process
Polygraphy, Narco Analysis and Brain Mapping Tests
Sec. 65B
Sections 65A & 65B, Evidence Act and Arjun Panditrao: in Nutshell
Sec. 65B, Evidence Act: Arjun Paditrao Criticised.
Sec. 65B Evidence Act Simplified
‘STATEMENTS’ alone can be proved by ‘CERTIFICATE’ u/s. 65B
Sec. 65B, Evidence Act: Certificate for Computer Output
Certificate is Required Only for ‘Computer Output’; Not for ‘Electronic
Records’: Arjun Panditrao Explored.
Documents
Oral Evidence on Contents of Document, Irrelevant
Marking Documents Without Objection – Do Contents Stand Proved?
Proof of Documents & Objections To Admissibility – How & When?
Notary-Attested Documents: Presumption, Rebuttable
Presumptions on Registered Documents & Collateral Purpose
Notice to Produce Documents in Civil Cases
Production of Documents: Order 11, Rule 14 & Rule 12
Marking Documents Without Objection – Do Contents Proved
Production, Admissibility & Proof Of Documents
Substantive Documents, and Documents used for Refreshing Memory and
Contradicting
Visual and Audio Evidence (Including Photographs, Cassettes, Tape-
recordings, Films, CCTV Footage, CDs, e-mails, Chips, Hard-discs, Pen-drives)
Relevancy, Admissibility and Proof of Documents
Contract Act
‘Sound-mind’ and ‘Unsound-Mind’ in Indian Civil Laws
Forfeiture of Earnest Money and Reasonable Compensation
Who has to fix Damages in Tort and Contract?
Easement
What is Easement?
Does Right of Easement Allow to ‘Enjoy’ After Making a Construction?
What is “period ending within two years next before the institution of the
suit”?

Is the Basis of Every Easement, Theoretically, a Grant
Extent of Easement (Width of Way) in Easement of Necessity
Village Pathways and Right to Bury are not Easements.
Custom & Customary Easements in Indian Law
‘Additional Burden Loses Lateral Support’ – Incorrect Proposition
Book No. 2: A Handbook on Constitutional Issues
Judicial & Legislative Activism in India: Principles and Instances
Can Legislature Overpower Court Decisions by an Enactment?
Separation of Powers: Who Wins the Race – Legislature or Judiciary?
Kesavananda Bharati Case: Never Ending Controversy
Mullaperiyar Dam: Disputes and Adjudication of Legal Issues
Article 370: Is There Little Chance for Supreme Court Interference
Maratha Backward Community Reservation: SC Fixed Limit at 50%.
Polygraphy, Narco Analysis and Brain Mapping Tests
CAA Challenge: Divergent Views
Religious issues
Secularism and Art. 25 & 26 of the Indian Constitution
Secularism & Freedom of Religion in Indian Panorama
‘Ban on Muslim Women to Enter Mosques, Unconstitutional’
No Reservation to Muslim and Christian SCs/STs (Dalits) Why?
Parsi Women – Excommunication for Marrying Outside
Sabarimala Review Petitions & Reference to 9-Judge Bench
Ayodhya Disputes: M. Siddiq case –Pragmatic Verdict
Book No. 3: Common Law of CLUBS and SOCIETIES in India
General Features
Bye Laws Fundamental
Effect of Registration of Societies and Incorporation of Clubs
Societies and Branches
Vesting of Property in Societies and Clubs
Juristic Personality of Societies and Clubs
Incidents of Trust in Clubs and Societies
Legal Personality of Trustees and Office Bearers
Suits By or Against Societies, Clubs and Companies
Court’s Jurisdiction to Interfere in the Internal Affairs
How to Sue Societies, Clubs and Companies
Amendment of Bye laws of Societies and Clubs
Dissolution of Societies and Clubs
Rights & Liabilities of Members of Clubs and Societies
Management – Powers of General Body and Governing Body
Expulsion of Members & Removal of Office-Bearers
Election & Challenge in Societies and Clubs
Court Interference in Election Process
Individual Membership Rights in Societies & Clubs

State-Interference in Affairs of Societies & Clubs
Law on Meetings: An Overview
Book No. 4: Common Law of TRUSTS in India
General Principles
What is Trust in Indian Law?
Public & Private Trusts in India.
Public Trusts and Indian Trusts Act – An Overview
Incidents of Trust in Clubs and Societies
Public Trusts and (State) Endowments/Trusts Acts
Trust is ‘An Obligation’; Not a Legal Entity
Dedication and Vesting
Dedication of Property in Public Trusts
Vesting of Property in Trusts
Indian Law Does Not Accept Salmond, as to Dual Ownership
Trustees and Management
Trustees and Administration of Public Trusts
Alienation of Public Trust Property
Extinction, Discharge, Revocation, etc. of Public Trusts
Breach of Trust
Breach of Trust and Removal of Trustees
Suits by or against Trusts
Suits By or Against Trusts and Trustees
Remedies Under Sec. 92 CPC
Law on Religious Trusts & Trustees
Philosophy of Idol Worship
Is an Idol a Perpetual Minor?
Hindu Temples & Law of Trusts
Law of Mutts and Other Hindu Endowments
Legal Personality of Temples, Gurudwaras, Churches and Mosques
Shebaits & Mahants and Law of Trustees
Ayodhya Disputes: M. Siddiq case – Pragmatic Verdict
Sabarimala Review Petitions & Reference to 9-Judge Bench
Secularism and Art. 25 & 26 of the Indian Constitution
Secularism & Freedom of Religion in Indian Panorama
‘Muslim Women: Ban to Enter Mosques, Is it Unconstitutional
Parsi Women Excommunication, Unconstitutional.
General
State & Court – Protectors of All Charities
Business by Charitable Trusts & Institutions
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Government is the OWNER of (All Leasehold) Plantation Lands in Kerala. – Saji Koduvath Associates (1).pdf