KOCHUPENNU Vs. CELIN JOHN

JUDGEMENT

(1.) ONE Thevan was a kudikidappukaran in the land belonging to one Alexander Parambithara. On the death of Thevan, his rights devolved on his children Ayyer and Kumaran. With the consent of Ayyer, Kumaran filed O.A.No.2469 of 1976 before the Land Tribunal for purchase of kudikidappu. That application was allowed and purchase certificate was granted in favour of Kumaran.

(2.) THEREAFTER, it is alleged that Kumaran and Ayyar trespassed upon a portion of the property belonging to the land owner. The land owner filed O.S.No.316 of 1985 on the file of the Munsiff's Court, Ernakulam for recovery of possession of the plaint 'C' schedule property which was the trespassed portion. In the suit, the question of kudikidappu was referred to the Land Tribunal. The Land Tribunal numbered the case as R.C.No.2 of 1989, which was disposed of on 25.5.1984 holding that the legal representatives of Ayyer are not entitled to get kudikidappu rights in respect of the plaint C schedule property. Accepting the finding of the Land Tribunal, the suit was decreed. The petitioners filed A.S.No.16 of 1995 before the Appellate Court. The appeal was allowed. The land owner/plaintiff filed S.A.No.424 of 2001 before the High Court. The Second Appeal was allowed and the case was remanded to the trial court for fresh disposal. After remand, the trial court decreed the suit, against which the petitioners filed A.S.No.227 of 2003 on the file of the District Court, Ernakulam. The District Court dismissed the appeal by the judgment and decree dated 16.12.2005. The District Court held that the ration card, voters list and the extract of property tax assessment register which were produced by the petitioners are fabricated documents. The Civil Court thus finally held against the claim put forward by the petitioners herein, claiming rights under Ayyer.