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"16. As adverted above, in private law, positive obligations or covenants will not run with the land and will not bind subsequent assignee. In public law, the assignment itself was on public interest. The moment, the object of the public law is defeated, the assignment becomes revocable. The original assignment would not have been possible for any other purposes other than the purpose for which it was assigned. The purpose for the assignment would equally bind the patta holder as well as his assignee. This is the reflection of public trust doctrine. There is no requirement to have conditions in patta that the patta holder or its assignee should cultivate the land all the time. The very basis of such assignment was for cultivation. The patta holder or assignee if commits any act defeating the object of the assignment, is bound to restore the land to the assignor."

Clause 9 of all the pattayams referred to above categorically provides that the registry shall be liable to be cancelled for contravention of any of the 'aforesaid conditions' which obviously includes Clause 8. The form of patta under the Arable Forest Land Assignment Rules (Form No.5) contains almost identical provisions in clauses 2 & 3. Therefore the question as to whether the assignment was under the Kerala Land Assignment Rules, 1964 or under the Arable Forest Land Assignment Rules 1970 need not detain this court from holding that the use of the land for purposes other than residence or cultivation by either the original assignee or the successor-in-interest will be a violation of the condition of assignment. The non-disclosure of the fact that the lands in question were Forest Lands assigned for agricultural / residential purposes clearly amounts to non- disclosure of material facts, affecting the validity of Ext.P3.