V J MATHUKUTTY Vs. OUSEPH THOMAS

JUDGEMENT

(1.) The question is whether the appellant, a "person in possession of the land", can be said bona fide to require the land for building purposes as envisaged by Sub-s.(2) of S.75 of the Kerala Land Reforms Act, 1963, for short the Act. The appellant applied under S.75(2) of the Act for shifting the kudikidappu. One of the issues framed for consideration in the proceedings, issue No. iii was in these terms:

(2.) The Land Tribunal in dealing with issue No, iii made the following observations.

(3.) The A Schedule property from which the kudikidappukars were sought to be shifted has a total extent of 95 cents. There is an important road running along the northern boundary of this property east west. The property seems to be lying east west. The kudikidappu is more or less on the eastern corner of the property, being 20 feet to 30 feet from the eastern boundary and 50 feet to 55 feet from the southern boundary. The basement of the kudikidappu is 22 feet by 10 feet. There was an earlier application to shift the existing kudikidappu to another part of the land apparently under Sub-s.(4) of S.76 of the Act. That application had been allowed. The Tribunal after discussing all these aspect came to the conclusion that the 85 cents left after leaving 10 cents to the kudikidappukars would be sufficient for constructing a house and therefore entered the finding which we have already extracted.