JOSEPH KUNJU Vs. THOMAS

JUDGEMENT

(1.) WHEN it comes to a question of faith or wealth, often it is the latter which is preferred. In this case also, what has happened is the same. The petitioner land-owner and the 1st respondent kudikidappukaran, both Christians, are trying their level best to get rid of a 'kurisupura' (chapel) situated in the property. Admittedly, the 'kurisupura' is in existence for the last few years and neither the respondent kudikidappukaran who is close by nor the petitioner landowner who is living a few miles away, did object or protest. Going by the facts revealed in the case, a good number of people are offering prayers in the 'kurisupura'. It is also in evidence that the respondent kudikidappukaran is a member of the St. Mary's Sadhu Jana Sangam which claims the 'kurisupura'.

(2.) THE 1st respondent, Thomas, filed O. A. No. 2343 of 1975 before the Special Tahsildar (LR), Vypeen under S. 80b of the Kerala Land reforms Act, I of 1964, for short the Act, for purchase of kudikidappu. THE special Revenue Inspector deputed by the Land Tribunal by his report dated 21-7-1976 sought instructions from the Land Tribunal whether the 'kurisupura' situated near the 1st respondent's but should not be included in the 10 cents to be demarcated as his kudikidappu to be purchased by him. THE 1st respondent filed an objection before the Land Tribunal on 16-8-1976 contending that the 'kuri-supura' should not be included in the 10 cents to be set apart for him. But the Land Tribunal by its order dated 16-8-1976 rejected that objection and allowed the purchase of 10 cents including the 'kurisupura'. It is seen from the order of the Land Tribunal that the decision was taken on the basis of an admission made by the 1st respondent in open court that the 'kurisupura' may also be included in the 10 cents to be demarcated as his kudikidappu. THE kudikidappukaran challenged the above order of the Land tribunal before the Appellate Authority (Land Reforms), Ernakulam. THE appellate Authority did not agree with the conclusions of the Land Tribunal and allowed the appeal permitting the kudikidappukaran to purchase 10 cents excluding the 'kurisupura' and its premises. It is the above judgment of the appellate Authority that is challenged by the land-owner in this Civil Revision petition.