C RADHAKRISHNAN NAIR Vs. P MADHAVAN NAIR

JUDGEMENT

(1.) This revision is in challenge of order passed by the Appellate Authority (Land Reforms), Alappuzha in A.A.No.122 of 2003 confirming dismissal of O.A.No.165 of 2001 of the Land Tribunal, Thiruvananthapuram. Petitioner sought to purchase kudikidappu in respect of the disputed land under Sec.80B of the Kerala Land Reforms Act (for short, "the Act"). That application was resisted by respondent on the ground that an earlier application in respect of the same plot filed by petitioner's fathers (O.A.No.488 of 1978) was dismissed vide order dated 19-06-1979 holding that he is not entitled to any kudikidappu and hence present application is barred by the principles of res judicata.

(2.) The authorised officer submitted Ext.C1, report stating that petitioner is in possession of 2 cents in survey No.544/A2 and is staying in the hut there. Respondent filed objection to Ext.C1, report. The Land Tribunal recorded oral evidence of parties and observing that on a perusal of the records (obviously of O.A.No.488 of 1978) it is found that petitioner's father had claimed kudikidappu in respect of the same property and lost it.

(3.) According to the petitioner, O.A.No.488 of 1978 was not in respect of the property regarding which present application is filed by him and hence principles of res judicata does not apply.