THOMAS Vs. LAND TRIBUNAL VAIKOM

JUDGEMENT

(1.) This writ appeal has been filed against the judgment of the learned single Judge of this court dismissing O.P. No: 5277 of 1972 filed by the appellant herein, who will hereinafter be referred to as the writ petitioner.

(2.) The writ petitioner is the owner of 29 cents of land in Survey No.61/4 in Vadakke Muri Village, Vaikom Taluk. The 2nd respondent is a kudikidappukaran in the said property and respondents Nos. 3 to 10 are the members of his family residing along with the 2nd respondent in the said kudikidappu. The writ petitioner filed O. S. No. 140 of 1971 in the Munsiff's Court, Vaikom under S.75(2) and 77 of the Kerala Land Reforms Act, 1963 (hereinafter referred to as the Act) for shifting the kudikidappu of the 2nd respondent to either of the two alternate sites offered by him on the ground that the petitioner required the site of the existing kudikidappu bona fide for the purpose of putting up a building for his residence.

(3.) The 2nd respondent filed a written statement in the said suit contending inter alia that he had already filed an application before the Land Tribunal, Vaikom for the purchase of the kudikidappu, that the writ petitioner (plaintiff) did not require the property bona fide for putting up a residential building and that the alternative sites offered for shifting the kudikidappu did not belong to the writ petitioner and were also not suitable for residential purposes. In view of the amendment of S.77 of the Act by Act 25 of 1971 the suit was transferred by the Munsiff's Court to the Land Tribunal, Vaikom for disposal and the case was registered by the Land Tribunal as O.A. No. 199 of 1972. The Land Tribunal framed the following five issues as arising for consideration in the case: -