MARIYUMMA Vs. LAND TRIBUNALNOL

JUDGEMENT

(1.) These writ petitions are between the same parties. The petitioner in O.P. No. 3136 of 1977 is the first respondent in the other original petition. Respondents 3 and 4 in O. P. No. 3136 of 1977 are the two petitioners in the other original petition. The point arising for decision in both the cases is also the same. I will hereinafter refer to the parties as they are arrayed in O. P. No. 3136 of 1977.

(2.) The petitioner, according to her, owns and possesses 52 cents of land in R. S. 17/2 of Thilanoor desom. On the said plot of land there is a hut. Respondents 3 and 4, being mother and son, are residing in that hut. They began their residence therein on a koolichit executed by the 4th respondent. The 3rd respondent filed O. A. No. 464/70 before the Land Tribunal, Edakkad for purchase of the kudikidappu occupied by respondents 3 and 4 as contemplated by S.80B of the Kerala Land Reforms Act, 1963 (hereinafter, the Act). The Land Tribunal, Edakkad allowed that application on 27-10-1971. The petitioner preferred an appeal against the same as A. A. No. 1255 of 1971 before the Appellate Authority (Land Reforms), Kozhikode. That appeal was dismissed on 11-7-1972. A copy of the judgment of the Appellate Authority is marked in O. P. No. 3136 of 1977 as Ext. P1. While dismissing the appeal, the Appellate Authority also said : "subject to the result of the shifting application (O. A. 188/72 of the Edakkad Land Tribunal filed by the appellant)".

(3.) O. A. No. 188 of 1972 referred to in Ext. P1 judgment is an application filed by the petitioner under S.77 of the Act. The petitioner filed that application after the application filed by the 3rd respondent under S.80B was allowed on 27-10-1971 and during the pendency of A. A. No. 1255 of 1971 preferred by the 3rd respondent. To be precise, the 3rd respondent filed the shifting application under S.77 of the Act on 10-5-1972.