UNKENKUTTY HAJI Vs. KANNAN

JUDGEMENT

(1.) The 2nd writ petitioner in O. P. 653 of 1976 (the first writ petitioner died subsequent to the disposal of that Original Petition and the 2nd writ petitioner has filed this appeal in his capacity as legal representative also) which has been dismissed by a learned single Judge of this Court is the appellant before us.

(2.) The writ petitioners filed O.A. Nos. 259 and 260 of 1974 before the Land Tribunal, Parappanangadi under S.77 read with S.75(2) of the Kerala Land Reforms Act (hereinafter called the Act) for shifting two kudikidappus situated on a property belonging to them comprised in R.S. No. 364/6 of Velimukku Amsom to an alternate site comprised in R. S. No. 359/1 of the same Amsom. Respondents 1 and 2 in the Original Petition who figure as respondents 1 and 2 in this appeal also are the kudikidappukars who were sought to be shifted. These respondents had previously filed O. A. No. 1 of 1972 before the Land Tribunal, Tirurangadi under S.72B(3) of the Act for purchase of the right, title and interest of the petitioners in respect of the aforementioned property, wherein the respondents are residing, contending that they are cultivating tenants in respect of the said land. That application was dismissed by the Land Tribunal by its order dated 22-3-1972 holding that the respondents had not proved their status as tenants in respect of the land. The matter was thereupon carried in appeal by the respondents before the Appellate Authority (Land Reforms) Kozhikode. The appellate authority by its order Ext. P2 dated 26-10-1972 affirmed the conclusion of the Land Tribunal that the respondents are not cultivating tenants in respect of the land and held that they are only kudikidappukars in the property. Though a revision petition CRP No. 1384 of 1972 was filed by the respondents before this Court under S.103 of the Act, that was dismissed by this Court as per the order Ext. P3 dated 9th March, 1973. It is thereafter that the writ petitioners instituted O. A Nos. 259 and 260 of 1974 before the Land Tribunal, Parappangadi seeking relief against the respondents under S.75(2) and 77 of the Act on the ground that the property was bona fide required by the petitioners for putting up a residential building for the Ist petitioner.

(3.) The said applications were resisted by the respondents by contending that they were not kudikidappukars but were cultivating tenants of the land. In view of the said contention raised by the respondents denying their status as kudikidappukars the Land Tribunal dismissed the applications filed by the petitioners on the following reasoning: