VASISTHA VADHYAR Vs. MOHINI BAI

JUDGEMENT

(1.) THIS second appeal comes before us on a reference by one of us. The question involved is, whether a person jointly entitled to either land or homestead with others can claim the benefits of S. 2 (25) of the kerala Land Reforms Act, Act 1 of 1964, as amended by Act 35 of 1969, for short the Act, as a kudikidappukaran.

(2.) THIS second appeal arises from a suit for recovery of possession. THIS is the second time that this matter comes before this Court. When the matter came before this Court in second appeal earlier, the defendant invoked the protection given under the Act to a kudikidappukaran since he had not raised this question before the Courts below. THIS Court remanded the matter to the trial court to decide whether the defendant is entitled to the benefits of a kudikidappukaran.

(3.) IT is useful to extract S. 2 (25) of the Act for a better appreciation of the contentions of the appellant in the context of the decisions of this Court. S. 2 (25), relevant for our purpose, reads as follows: " (25) 'kudikidappukaran' means a person who has neither a homestead nor any land exceeding in extent three cents in any city or major municipality or five cents in any other municipality or ten cents in any panchayat area or township, in possession either as owner or as tenant, on which he could erect a homestead. . . . "