Kerala High Court Upholds Transfer of Property by Adverse Possession

Court Affirms Petitioner's Ownership Over Disputed Property; Provides Mechanism for Future Civil Court Decisions

In a recent judgment, the Kerala High Court has reaffirmed the transfer of property through adverse possession, highlighting the legal mechanisms in place for resolving property disputes. The case, B.K.N. Pillai @ B.K. Narayana Pillai v. State of Kerala, revolved around a 20-cent property in Vanchiyoor Village, which has been the subject of prolonged litigation between the petitioner and respondents.

The petitioner, B.K.N. Pillai, asserted ownership of the property, which was originally owned by Gourikuttiy Amma. The dispute began when Gourikuttiy Amma and her husband filed multiple lawsuits against the petitioner's father, seeking to restrain him from using the property. These cases were partially successful, but the appellate court eventually ruled in favor of the petitioner's father, recognizing his adverse possession of the property.

The High Court, presided by Justice Viju Abraham, noted that adverse possession was established due to the uninterrupted and hostile possession of the property by the petitioner's father for over 12 years, a finding upheld by the Supreme Court of India. The court directed the authorities to effect the transfer of registry based on the decrees passed by competent civil courts, as mandated by the Transfer of Registry Rules, 1966.

Despite the petitioner's established ownership, the respondents, who are legal heirs of the original owners, challenged the petitioner's claim based on a disputed Will. The High Court acknowledged these concerns but emphasized that the Transfer of Registry Rules allow for adjustments to be made if future civil court decisions favor the respondents. Specifically, Rule 16 of the Transfer of Registry Rules, 1966, provides that changes in registry for fiscal purposes do not affect the legal rights, which remain subject to civil court adjudication.

Ultimately, the court set aside the appellate authority's decision requiring the petitioner to seek resolution through civil court, restoring the earlier order that allowed for the mutation of the property in the petitioner's name. However, the court clarified that if a competent civil court later finds in favor of the respondents, they may seek adjustments in the registry in accordance with judicial decisions.

Bottom Line:

Transfer of Registry - Authorities are bound to effect transfer of registry based on decrees passed by competent Civil Courts as per Rule 2 of the Transfer of Registry Rules, 1966 - Summary enquiry under Rule 16 does not affect legal rights, which are subject to adjudication by Civil Courts.

Statutory provision(s): Transfer of Registry Rules, 1966, Rule 2, Rule 16

B.K.N.Pillai @ B.K.Narayana Pillai v. State of Kerala, (Kerala) : Law Finder Doc Id # 2820729