ELACHIAR Vs. WILSON

JUDGEMENT

(1.) This matter comes up before us by a reference made by the learned Single Judge by stating that the case involves important questions of law, and, therefore, the matter requires to be considered by a larger bench. We, therefore, bestowed our anxious consideration to the entire facts and pleadings, material evidence, order of the Land Tribunal and the judgment of the Appellate Authority, notwithstanding that no specific question of law has been pointedly suggested in the reference order, for consideration.

(2.) This revision is under S.103 of the Kerala Land Reforms Act, 1963, hereinafter referred to as the 'Act'. The 1st respondent herein, whom we would hereinafter call the 'applicant', filed an application before the Land Tribunal, under S.80B of the Act, for purchase of kudikidappu right. He put his claim based on Explanation IIA of S.2(25) of the Act. His case was that he was in occupation of the land and the dwelling house therein, from 16/08/1968 to 01/01/1970 and even thereafter, that being the statutory requirement to claim benefit of Explanation IIA of S.2(25) of the Act, which is a code by itself and operates notwithstanding any judgment, decree or order of any Court.

(3.) For the purpose of the case in hand, we do not deem it necessary to examine as to whether the different conditions as to the nature of the building, costs of its construction etc. have been satisfied in terms of the provisions in Explanation IIA and the provisos thereunder. The short issue to be considered is as to whether the applicant could be treated as a person 'in occupation' of the land and dwelling house during the relevant time, that is, from 16/08/1968 to 01/01/1970.