MADHAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are the legal representatives of the deceased kudikidappukari. Being aggrieved by the order of the Government allowing the third respondent's application under S.75(3) of the Kerala Land Reforms Act, 1963 for acquisition of land to shift the kudikidappu, the appellants filed O. P. No. 255 of 1979. The only contention urged on behalf of the appellants was that the third respondent was not the owner of the land, but only a coowner. The learned Judge dismissed the Original Petition stating that a coowner was an owner for the purpose of making an application under S.75(3).

(2.) In this appeal, the only contention urged on behalf of the appellants is again as regards the coowner's right to present an application under S.75(3). There is no case that the finding of the Government was vitiated for any other reason.

(3.) Counsel for the appellants Shri. Chandrasekharan points out that an owner is defined under S.2(40) as a person who is "entitled to the absolute proprietorship of land". It is therefore contended that a coowner, being not an absolute owner, is not an owner for the purpose of making an application to shift the kudikidappu. Counsel relies upon the decision of the Full Bench in Pathumma v. Land Tribunal, 1980 KLT 155 (F.B.).