CHEENOTHINGALVALLI Vs. CHEENOTHINGAL VELAYUDHAN

JUDGEMENT

(1.) Leave granted. Heard counsel for the parties.

(2.) This appeal is preferred against the judgment and order of the Kerala High Court allowing a Civil Revision Petition filed by the respondent. The appellant, Valli, is the wife of Arumughan who pre-deceased his father-Maman. The respondent, Velayudhan, is the brother of Arumughan. The appellant filed an application before the Land Tribunal under Section 80-B of the Kerala Land Reforms Act. It was rejected by the Tribunal but on appeal, the Appellate Authority reversed it. The order of the Appellate Authority has in turn been reversed by the High Court.

(3.) The appellant claimed kudikidappu right on the ground that she was in possession of the property concerned herein during the relevant period viz., 16-8-1968 to 1-1-1970. The High Court has found, on a consideration of the evidence including the admission of the appellant herself that she has failed to establish her possession and, therefore, her claim under Section 80-B cannot be upheld. The High Court has further found that the finding to the contrary recorded by the Appellate Authority was arrived at ignoring the evidence of the appellant herself. We see no reason to disturb the finding recorded by the High Court. The appeal accordingly fails and is dismissed. No costs.