TMI Blog1999 (4) TMI 604X X X X Extracts X X X X X X X X Extracts X X X X ..... e pucca residential building thereon, for a monthly rent of ₹ 9/-. When the lessee continued under the lease he assigned his rights in favour of the present respondent (who is a practicing advocate of Kassargod District Court) on 17-8-1968. When the Kerala Land Reforms Act, 1963 (for short the Act) came into force the respondent filed an application before the Land Tribunal, Kassargod in 1964 as per Section 72B of the Act for assigning to him the right, title and interest of the landowner, claiming that he is a cultivating tenant of the disputed land. Despite resistance made by the appellant (landowner) the said application was allowed by the Land Tribunal but the Appellate Authority remitted the case back to the Land Tribunal for fresh consideration and disposal. The Land Tribunal again allowed the application and when appellant appealed, the Appellate Authority confirmed the order. Appellant moved the High Court in revision under Section 103 of the Act. A Single Judge referred the case to a Division Bench as he felt that the legal question involved was to be determined by a larger Bench. By the impugned order a Division Bench of the High Court concurred with the concl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Law Lexicon of British India has extracted the following meaning to the word appurtenant: belonging to another thing as principal, as hamlet to another village, garden to a home; that which passes as incident to the principal thing, a thing used with and related to or dependent upon another thing more worthy and agreeing in its nature and quality with the thing whereunto it is appendant or appurtenant; that which belongs to something else, an adjunct, an appendage. In Maharaj Singh vs. State of U.P. (1977 1 SCC 155) a two-Judge Bench of this Court considered the claim of a defendant that the hat, bazar and mela as areas appurtenant to the buildings in the property on the premise that they have not vested in the government under Section 6 of the U.P. Zamindari Abolition and Land Reforms Act, 1950. Learned Judges observed thus: What is integral is not necessarily appurtenant. A position of subordination something incidental or ancillary or dependant is implied in appurtenance. In M/s. Larsen and Toubro Ltd. vs. Trustees of Dharmamurthy Rao Bahadur Calavala Cunnan (1988 4 SCC 260) the company (Larsen and Toubro) was a tenant of all that plot of vacant land and buildings er ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s for the lease. Its English translation is produced as Annexure-B. The lessor was described as Secretary to the Minister for communication, Government of India, and the lessee was described as a clerk of the Panchayat Board, Kassargod Kasba. In the prefatory portion it refers to the tiled building belonging to the lessor which was demised to the lessee for a period of 11 months as per a Chalageni Chit (rent deed) dated 6-5-1947 and on the expiry of the said period the lessee was permitted to continue under the same terms and conditions. After saying so the lease deed continues to state that while so, as per the request made by the lessee to grant him lease of some portion of the land adjoining the leasehold property and as agreed to by the lessor the additional portion is taken possession of by the lessee, and this Chalageni Chit is executed. In the next paragraph of the lease deed it is stated that the property described thereunder in which the house wherein the lessee resides now, is included, together with the bath-room (which was constructed by the lessor) and the trees on the property, have been demised by the lessor to the lessee for a period starting from 1-7-1951 and en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed to it had to remain in New Delhi as he was working as Secretary to the Government of India. The lessee who was a public servant working at Kasarcodu needed a house to live in at that place. Such facts, according to the learned counsel, would clearly show that it was the building which was of prime consideration for the lease. The attached compound could not have been left out, for practical reasons, uncared by any one and hence it became necessary to include that compound area also as part of the lease. The said contention cannot be sidelined as without force. Learned counsel then highlighted the factors such as provisions for payment of rent every month and liability to pay interest from the date of default and contended that they are clear indications in favour of the lease being that of building with the land adjoining thereto. The very fact that the land portion is described as adjoining to the building is proof positive of its object, according to the learned counsel. He also contended that if the land was intended to be enjoyed, de hors the building, no provision was necessary to prohibit the lessee from effecting any improvement on the land. It is only the fruits of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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