- (1.) This appeal by special leave is against the judgment of the Kerala High Court dated 21st March, 1990 in A.S. No. 214 of 1980 arising out of judgment and decree of the subordinate Court, Kozhikode in O.S. No. 153 of 1972. The trial Court had dismissed the original suit filed by the State of Kerala but the High Court has allowed the appeal of the State of Kerala. Hence this further appeal by special leave by the defendants in the suit.
(2.) The subject matter of the suit is 4,200 acres of land in Jenmakaran Tharakan. In short, the claim of the plaintiff-State of Kerala is that these lands had escheated and belong to the State of Kerala and Order Ex. A 17, dated 24-12-1968 to this effect made by the Collector of the district under the Kerala Escheats and Forfeitures Act, 1964 had become final under the Act, there having been no appeal under S. 7 or any suit in accordance with S. 11 of the Act by defendants/ appellants against the Order Ex. A 17 made by the Collector. On this basis the suit for recovery of possession of these lands was filed against the defendants/appellants who were in unlawful possession of the same. The suit was resisted by the defendants/ appellants claiming title in these lands and denying the claim of escheat. The trial Court rejected the claim of the plaintiff-State and dismissed the suit. The High Court has reversed that decree and decreed the suit. The appellants contend that reversal of the trial Court's decree by the High Court is without any justification.
(3.) It would be appropriate to mention the findings of the High Court in the background of the rival claims. It is beyond controversy that the disputed lands were in the possession of some European planters in the middle of the 19th century when they occupied the high lands of Malabar wherein Wynad hills were found to be congenial for coffee plantation. Apparently such lands then were available in abundance for such occupation. According to the plaintiff-State of Kerala, the suit lands came to be assigned by their original owner to one Antoon Lopez while there was a transfer also to M/s. Leckie and Co. M/s. Leckie and Co. in order to avoid any possible dispute of title made a purchase also from Antoon Lopez. Nothing was heard of Antoon Lopez after he sold his right to M/s. Leckie and Co. while that company seems to have gone out of existence during the early years of the 20th century and had abandoned the lands near about 1910. Escheat proceedings were initiated by issue of Ex. A 10, dated 26-4-1965 to which erratum Ex. A 11 was issued in view of the objection Ex. A37 filed by the defendant/ appellant. It was thereafter that the decision of the Collector Ex. A17, dated 24-12-1968 was made holding that the suit lands had escheated to the State Government of Kerala. The defendants/ appellants being in unauthorised possession of these lands a suit for recovery of possession was filed by the State of Kerala on 1-1-1969. The defendants challenged the validity of the escheat proceedings and also contended that identity of the suit lands did not match with those acquired by the documents Exs. A1, A 2 and A 3 on which plaintiff-State relies. To get over the effect of failure to appeal under S. 7 or file a suit in accordance with S. 11 of Kerala Escheats and Forfeitures Act, 1964 the defendants contended that the validity of the order of escheat was challenged in a writ petition wherein all questions regarding the validity of escheat proceedings and the order made therein were left open "to the extent permissible in law" for being raised in the pending suit filed by the State of Kerala. The defendants also claimed to have acquired title through one L. S. Krishnan who had obtained a lease Ex. B1, dated 18-3-1921, and executed sale deed Ex. B2, dated 11-5-1921 in favour of United India Lumbering (Pvt) Ltd. Co. which went into liquidation and the properties thereof were then purchased by M. Cherian Pothen who then transferred the same in the manner indicated to enable defendants to acquire title to the suit lands.;