AUGUSTIN HENRY Vs. JOSEPH VARGHESE

JUDGEMENT

(1.) Where, one coowner has more than one kudikidappukaran as his tenants, is the extent of the land owned by the other coowners liable to be taken into consideration for fixing the extent available for purchase by the kudikidappukaran. The scope and applicability of clause (4) of S.80A of the Kerala Land Reforms Act, Act I of 1964, thus arises for determination on the facts of this case.

(2.) The facts, no longer in dispute, are these. The petitioner is the landlord and the first respondent is his kudikidappukaran. As a coowner, the petitioner owns 1 acre 20 1/4 cents while his wife holds 47 cents. The petitioner's family has thus ownership and possession of 1 acre 67 1/4 cents. There are two kudikidappukars for the petitioner and two for his wife, thus four kudikidappukars for this "family" as defined in the Act. Regarding the coownership property of the petitioner, it is seen that he is the coowner along with his three brothers, of a property having a total extent of 5 and odd acres. There has been no partition between the coowners. But the extent of the land which the petitioner is entitled as coowner in the event of actual partition is found to be 1 acre 67 1/4 cents.

(3.) The kudikidappukaran filed an application for purchase under S.80A of the Act. By a preliminary order dated 7-9-1972, the Land Tribunal found that the kudikidappukaran was entitled to purchase 10 cents of land. A final order followed. The appeal against this decision was also in favour of the kudikidappukaran. The authorities held that the petitioner owned more than five acres including the property owned by the other coowners and therefore under S.80A(5), the kudikidappukaran is entitled to ten cents. These orders are challenged in revision under S.103 of the Act.