VALSALA KUMARI Vs. BEEYATHUMMA

JUDGEMENT

(1.) BOTH the revision petitions arise out of proceedings for resumption of land under S.15 of the Kerala Land Reforms Act(hereinafter referred to as the Act)instituted by the three applicants in A.No.3765 on the file of the Land Tribunal,Palghat.The 1st applicant is the landlord in respect of 7.19 acres of land held by the respondents on tenancy rights,under him.The 2nd applicant is the wife of the 1st applicant and the 3rd applicant is one among their daughters.This application had a chequered career.Both applicants 1 and 2 died during the pendency of the proceedings.The 1st applicant died on 1 -1 -1976 and his wife the 2nd applicant died earlier.The 3rd applicant and all the other children of applicants 1 and 2 were impleaded as the legal representatives of the deceased applicants 1 and 2.

(2.) THE claim in the application is for resumption of 50 cents of land for the bona fide need of the applicants for the construction of a residential house for the occupation of themselves and the members of their family.It is specifically averred that neither the applicants nor the members of their family have any land in their possession nor do they have a house of their own for their occupation.Hence they have alleged bona fide need for the resumption of 50 cents of land out of the holding comprising of 7.19 acres of land in the possession of the respondents tenants.The bona fide need alleged was denied by the respondents and they also contended that the application is not maintainable in law.

(3.) THE finding as to the bona fide need of the landlord for resumption of 50 cents of land for the construction of a residential building for the occupation of himself and his family having become final the only question before the Land Tribunal was as to which portion of the holding can be permitted to be resumed under S.15 read with S.22 of the Act.The Land Tribunal took the view that the tenant has an absolute right of option to point out the land for resumption by virtue of the provisions of sub -s.( 4)of S.22 of the Act and accordingly accepted his option for resumption of 50 cents of double crop wet land in Sy.No.3171.It is not in dispute that Sy.No.3171 is a double crop paddy land,without even a proper access,the only access being along a foot path running along the land of the neighbouring cultivators.The Tribunal fixed solatium for the land to be resumed by the tenant under S.20 of the Act at Rs.1710/ - and directed payment of the same within thirty days from the date of the order.This order of the Land Tribunal is confirmed in appeal by the appellate authority by order dated 15 -1 -1980 in A.A.158/75.