NARAYANAN VASU Vs. AYYAPPAN SREEDHARAN

JUDGEMENT

(1.) This writ appeal is against the judgment of a learned Judge who dismissed the writ petition filed to quash the order (Ext. P1) of the Land Tribunal, Vaikom directing the shifting of the kudikidappu on deposit of the price of the homestead and the shitting charges, and on satisfying the other conditions provided for by the Act. An ingenious point was raised by way of defence to the application. As that is the only point now argued before us, we need not concern ourselves with the rest of the proceedings, or the contentions raised. The point was that the appellant kudikidappukaran had put up a building on the property which he was occupying, that this was "a work of a permanent character" within the meaning of S.60 clause (b) of the Indian Easements Act, and that therefore, the licence or the permission granted to the kudikidappukaran was not liable to be revoked. In consequence, it was contended that the proceedings which commenced by way of a suit to shift the kudikidappukaran bad to be dismissed, as shifting would amount to revocation of the licence. The learned Judge dismissed the writ petition holding that the provisions of the Easements Act cannot prevail over the provisions of the Land Reforms Act and that the relationship between a kudikidappukaran and his landlord and their respective rights and liabilities are now completely governed by the provisions contained in the Land Reforms Act. The learned Judge was of the view that S.60 of the Easements Act cannot, therefore, be availed of by the kudikidappukaran.

(2.) We doubt whether the ground stated by the learned Judge would really justify the conclusion, or be taken advantage of, for the purpose of defeating the plea raised by the kudikidappukaran. Even granting that in proceedings for shifting the kudikidappu it is open to the kudikidappukaran to raise a plea based on S.60 of the Indian Easements Act, we do not think that the said contention can be accepted on the facts disclosed in the present case. S.60 reads as follows: