PAPPU PIUS Vs. ST GEORGE CHURCH

JUDGEMENT

(1.) Ronald J. Herring in his book "Land to the Tiller"-The Political Economy of Agrarian Reform in South Asia", 1983 Edition-assessed among others, the implementation of the land reforms in the State of Kerala. He has referred to 'the severe castigation' of the Land Tribunals "for malpractices and tardy progress". He has referred to the bogus claims frequently put up by the land owners, and the Tribunals having been "sometimes intimidated and influenced by the local power or political connections of large landowners"; and has quoted an observation based on long official experience:

(2.) The facts of the present case would substantiate the assessment made by Ronald J. Herring The litigation centres round a tiny spot in the Cochin City. Years back, the area was unimportant. Developmental activities including the opening of the broadest road in the town named after the Father of the Nation (which later became the National Highway as also the road connecting the Willingdon Island and the Cochin Port) enhanced its values, and consequently sky-rocketted the price of the land, due to its obvious commercial importance.

(3.) The landowner had nearly 31 cents in survey No. 861/2 of Ernakulam Village. The hutment dweller kudikidappukaran was in the property for nearly six decades. Though he had originally occupied a larger area, the remodelling of the hut about 26 years back, necessitated the execution of a fresh 'koolicharthu' or rent note. In that process he had lost about 8 cents, which the landowner promptly annexed to its area by fencing it off. The remaining area in which the hutment dweller resided was a little less than 6 cents.