MALLIKA Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Civil Revision Petition is filed by the petitioner against the judgment in A. A. No. 90/1995 on the file of the Appellate Authority (Land Reforms), Thrissur, who was the the respondent in O. A. No. 8/1996 on the file of the Land Tribunal, Ernakulam. Respondents 2 and 3 as applicants filed o. A. No. 8 of 1986 for purchase of kudikidappu. The 2nd applicant is the aunt (petitioner's father's sister) and the first applicant is the husband of the 2nd applicant. They claim kudikidappu right under one Late Aravindakshan Pillai, the father of the petitioner herein. The case of the applicants is that as per the permission given by late Arvaindakshan Pillai, they constructed a homestead in the property at the cost of Rs. 150/- and monthly rent yielded would be 50 paise. They have no other land or building in their possession. The petitioner herein who was the respondent in the O. A. resisted the claim of the applicant. As per the petitioner herein, the petition schedule property along with adjacent properties having an extent of 25 cents were allotted to the share of Aravindakshan Pillai, his sister (the 2nd applicant/third respondent herein)and others. They partitioned their property and on the same day a release deed has been executed in favour of late Aravindakshan Pillai by the other sharers. Thankammal, the wife of late Aravindakshan Pillai (mother of the petitioner herein) put up a house in the property and the building tax is being paid by her. The mother of Arvaindakshan Pillai was residing in the petition schedule building and the third respondent herein joined her mother to nurse her since the mother was aged and ailing. Thereafter the first applicant, husband of the 2nd applicant also joined in the house along with his children. Aravindakshan pillai died on 23-11-1968. Thereafter the mother was taken by one of his brothers to his house and applicants continued their residence in the house on the understanding that they shall surrender the house as soon as they construct a house of their own with the money that the first applicant would get on his retirement. After the death of Aravindakshan Pillai partition was effected in the petitioner's family and 7 cents of property wherein the petition schedule house is situated was set apart to the share of the petitioner herein, the daughter of Aravindakshan pillai. The petitioner has no other property other than 7 cents allotted to her in the partition. The cost of construction of the house on the date of construction would be more than Rs. 2000/- and it would fetch a monthly rent of Rs. 25/ -. The land Tribunal, without applying its mind to the relationship between the parties and the rights of the parties over the properties, passed a preliminary order permitting the applicants/respondents 2 and 3 herein to purchase 3 cents of property including the building. Against which the petitioner herein filed appeal as L. R. A. 84/1990 before the Appellate Authority. The Appellate Authority confirmed the order of the Land Tribunal and dismissed the appeal.

(2.) AGAINST the said judgment, the petitioner herein filed c. R. P. No. 1181/1992 before this Court. This Court set aside the judgment passed by the Appellate Authority as well as the Land Tribunal and remanded the case before the Appellate Authority for fresh disposal after giving the parties an opportunity to substantiate their respective contention. After remand, the appellate Authority again found that the respondents/applicants are entitled to purchase kudikidappu, against which this civil revision petitioner is filed by the petitioner herein.

(3.) THEN the next question to be considered is what was the costs of construction of the building at the time of construction. The costs at the time of construction must be less than Rs. 750/- or the rental value should be less than Rs. 5/ -. In Ext. C1 commission report the commission has assessed the value of the building as 653. 50 and the monthly rent yielded was fixed as Rs. 4/ -. The annual rental value of the building in question is shown as 24/- and Rs. 4/- respectively (R1 & R2 ). As per the respondents, the building was constructed at a cost of Rs. 150/- and the monthly rent would fetch only 50 paise at the time of construction.