KADEEJA UMMA Vs. MAKKAT MOHAMMED AND ORS.

JUDGEMENT

(1.) AGAINST the revision Petitioner first Respondent filed O.A. 768 of 1973 under Section 80B of the Kerala Land Reforms Act for purchase of alleged kudikidappu right. The revision Petitioner denied the status of kudikidappu claimed by the first Respondent and contended that he is in occupation of the building having agreed to pay monthly rent of Rs. 12.50. The Original Application was dismissed for default. Thereafter, first Respondent filed O.A. 141 of 1975 for the very same relief. That Original Application was compromised between the parties. Land Tribunal accepted the compromise and passed an order on 31st March 1975 allowing the first Respondent to purchase five cents of property. Again first Respondent filed O.A. 258 of 1975 before the Land Tribunal for purchase of kudikidappu right with respect to the very same building. The revision Petitioner opposed the Original Application on the ground that it is barred by res judicata and that the first Respondent cannot claim kudikidappu right over any extent of property beyond the five cents given to him as per order in O.A. 141 of 1975. The Land Tribunal rejected, the contention of the revision Petitioner and held that first Respondent is entitled to succeed in the present Original Application as he had not deposited the purchase price due to the revision Petitioner -landlord. The revision Petitioner filed A.A. 3844 of 1979 before the Appellate Authority (Land Reforms), Kozhikode. The appeal was dismissed by the Appellate Authority.

(2.) APPELLATE Authority dismissed the appeal holding that under Section 80C(3) non -payment of purchase price by the kudikidappukaran to the landlord automatically cancels the order of the Land Tribunal allowing purchase of kudikidappu and as the first Respondent has not paid first instalment of the purchase price due to the revision Petitioner the order of the Land Tribunal stood cancelled and therefore the present Original Application is maintainable.

(3.) SECTION 108A makes the position clear that the provisions of Section 11 of the Code of Civil Procedure shall apply to proceedings before the Land Tribunal. As the first Respondent had confined his claim of kudikidappu to five cents and as the Land Tribunal passed order allowing him to purchase five cents of property as kudikidappu taking into account the fact that the landlord had agreed not to claim any purchase price from the Respondent -kudikidappukaran, the Original Application filed by him as O.A. 258 of 1975 is not maintainable as it is barred by res judicata.