KOCHOUSEPH PAUL Vs. CHATHAN CHAKKI

JUDGEMENT

(1.) This revision is under S.103 of the Kerala Land Reforms Act challenging the validity of judgment of the appellate authority (Land Reforms), Trichur dated 25-8-1971 in A. A. No. 61 of 1971. The appeal before the appellate authority arose from an order passed by the Land Tribunal, Mala on 9-2-1971 in connection with a petition under S.80B of Act 1 of 1964 for the purchase of kudikidappu right.

(2.) The facts leading to this revision briefly are as follows; The petitioner in O. S. No. 576 of 1970 filed an application for the purchase of kudikidappu right. This petition was under S.80B of Act 1 of 1964. The respondent in the O.A. who is the revision petitioner herein contended inter alia that the petitioner had no locus standi to file the petition in as much as it was the petitioner's husband who had executed the 'cooli charthu' for the property. The Land Tribunal while accepting this contention that the petitioner was not entitled to apply for the purchase of the kudikidappu right passed an order the operative portion of which reads as follows:

(3.) Aggrieved by this order of the Land Tribunal the revision petitioner took up the matter in appeal in the said A. A. No. 61 of 1971. The appellate authority dismissed the appeal holding that the appeal is not maintainable. In doing so, the appellate authority took the view that it is only from an order under S.80B that an appeal lies, not from an order for impleading supplemental parties in proceedings under S.80B of Act 1 of 1964. It is the correctness of this decision by the appellate authority that is being canvassed in this revision.