KUNJAN VASU Vs. MADHAVAN ACHARI

JUDGEMENT

(1.) Leave granted.

(2.) Appellant is a "Kudikidappukaran" in the land of the first respondent. He applied for purchasing ten cents of land adjoining to his "Kudikidappu". The word "Kudiki-dappukaran" is defined in Section 2(25) of the Kerala Land Reforms Act, 1963 (for short 'the Act'). Shorn of details of the definition which are unnecessary for the purpose of this case, it means a person who has been permitted by a person in lawful possession of any land to occupy, with or without any obligation to pay rent, a hut belonging to such person and situate in the said land. (The person who is so permitted should have had neither a homestead nor any land exceeding ten cents in any Panchayat area on which he could erect a homestead). The word "Kudikidappu" means the land and the hut so permitted to be occupied together with the easements attached thereto.

(3.) The controversy which has bogged down in this appeal is whether the appellant is entitled to purchase ten cents of land as he claimed. The Land Tribunal as well as the Appellate Authority found that he is entitled to purchase ten cents of land. But a Division Bench of the High Court held that appellant is entitled to purchase only two cents of land out of 60 cents belonging to the first respondent. The impugned judgment of the Division Bench has thus upheld the contention of the respondents on that score.