State Of Kerala vs A.K.Abdul Latheef on 20 January, 2021
4. This Court in Rajeev v. District Collector [ 2014 (4) KLT 209] has
held that the grant of a certificate of title under Section 106 B of the Act
by the Land Tribunal is not sine qua non to get the benefit of deemed
tenancy under Section 7E of the Act. There is therefore no necessity for
the petitioners to obtain a certificate of title from the Land Tribunal
which can also be superfluous after having admitted the claim under
Section 7E of the Act. I should note that the State unsuccessfully
challenged Ext. P3 order in C.R.P.(L.R.). No. 564/2014 on the file of this
Court. The Civil Revision Petition was dismissed by order dated
11.12.2014 on the premise that the order impugned was not final. It is
W.A.No. 154/2021 :6:
true that Rules under Section 106 B of the Act have been framed
subsequently regulating the grant of certificate of title by the Land
Tribunal. There is no reason as to why the benefit of deemed tenancy
under Section 7E of the Act shall not be extended to the petitioners.