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april 1987

Supreme Court of India · 1987-04-29

PALAYI KIZHAKKEKARA MATHAIY'S SONK.M. MATHEW & ANR. vs POTHIYILL MOMMUTTY'S SON HAMSA HAJI & ORS.

Citation / case number
SC 1974/60404
Court
Supreme Court of India
Petitioner
PALAYI KIZHAKKEKARA MATHAIY'S SONK.M. MATHEW & ANR.
Respondent
POTHIYILL MOMMUTTY'S SON HAMSA HAJI & ORS.
Bench
ERADI, V. BALAKRISHNA (J)

Judgment text excerpt

The Supreme Court interpreted Section 7D of the Kerala Land Reforms Act, 1963, holding that only individuals with lawful origins of occupation of private forests or unsurveyed lands are entitled to protection under this section. The Court affirmed the High Court's view that unlawful occupants, including those who trespass, do not qualify for such protection. The appeal was dismissed, and the Court directed the respondents to pay an ex-gratia amount of Rs. 50,000 to the appellant as full and final settlement of his claim.

PALAYI KIZHAKKEKARA MATHAIY'S SONK.M. MATHEW & ANR. vs POTHIYILL MOMMUTTY'S SON HAMSA HAJI & ORS. · Niyam