MAMMU Vs. HARI MOHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order of the High Court of Kerala dated 29th November, 1996 in C.R.P. No. 2495 of 1989. The said revision petition was filed by the respondent herein under S. 103 of the Kerala Land Reforms Act, 1963 (hereinafter referred to as 'the Act') challenging the judgment dated 31-1-1989 of the Land Reforms appellate authority, Thrissur in AA No. 93/88. The High Court having allowed the revision petition on the finding that the respondent therein is not a Kudikidappukaran with respect to the structure in question. The respondent in the revision petition has filed this appeal.

(2.) The relevant facts necessary for appreciating the controversy may be stated thus: The respondent-Hari Mohan owns an extent of 28.5 cents of property in Survey No. 683/3 of Lokamaleswaran village. In that property there is a building with four sets of rooms originally constructed as shop rooms. The said four rooms were separately let out to four persons including the appellant. All the four tenants filed original applications before the Land Tribunal for purchase of kudikidappu right under S. 80-B of the Act. The application filed by the appellant was registered as O.A. No. 580 of 1973. All the applications were dismissed by the Land Tribunal, Kodumgalloor. Excepting the appellant the other tenants did not pursue the matter further. The appellant filed A.A. No. 715/76 before the Appellate Authority (Land Reforms), Trichur which was allowed holding that the appellant is a kudikidappukaran entitled to purchase the kudkidappu. The said order was challenged by the respondent in C.R.P. 2718/77 which was allowed by the High Court by Order dated 25-4-1980; the order of the appellate authority was set aside and the matter was remanded to the appellate authority for fresh disposal with the following observations:

(3.) After the remand, the appellate authority passed an order in favour of the appellant. The relevant portion of the order reads: