KOCHKUNJU NAIR Vs. KOSHY ALEXANDER

JUDGEMENT

(1.) A Full Bench of the Kerala High Court has held that when a person has land in co-ownership with another, whatever be its extent, it would not disentitled him to claim the rights of a "Kudikidappukaran" under the provisions of the Kerala Land Reforms Act, 1963 (for short 'the Act'). Having held so the Full Bench proceeded to consider whether appellant has such an entitlement. It was found that the land in his possession is not in co-ownership with others and hence the Full Bench repelled his claim to have Kudikidappu rights.

(2.) The predecessor of respondent (late Geevargis Koshy) was the owner of a building which he rented out to the appellant in the year 1963 for conducting a tea-shop. As per a settlement in the family of the said Geevargis the said building and the land on which it is situate have been allotted to the share of first respondent. Two suits were filed in respect of this building, one by the appellant for a declaration that the building is his, and the other by the first respondent together with Geevargis Koshy for recovery of possession of the building.

(3.) The suits underwent a checkered carrier and when they reached the Kerala High Court on an earlier occasion in Second Appeal a direction was issued to the trial Court on 11-9-1982 to refer the question (which relates to the claim of appellant that he is entitled to Kudikidappu rights) to the Land Tribunal under Section 125(3) of the Act. Pursuant to the reference made by the trial Court the Land Tribunal answered the question in favour of the appellant holding that he is Kudikidappukaran. Accordingly the suit filed by the respondent was dismissed by the trial Court but the District Court before which respondents filed a regular appeal, reversed the finding and decreed the suit for recovery of possession on the premise that appellant has in his possession land in excess of ten cents in area. Appellant took up the matter before the Kerala High Court again in Second Appeal.