LAKSHMI Vs. KUNHIPPERACHAN

JUDGEMENT

(1.) Sri Raghavan, the predecessor in interest of the revision petitioners, filed an application under S.80-B of the Kerala Land Reforms Act, Act 1 of 1964 as amended by Act 35 of 1969, hereinafter called the Act, for purchase of kudikidappu against the 1st respondent, the landowner. The Land Tribunal dismissed the application, and the Appellate Authority has confirmed the decision of the Land Tribunal. This has given rise to this revision under S.103 of the Act.

(2.) It was averred in the application that the cost of construction of the dwelling house at the time of its construction was Rs. 400/-, and the rent it could have yielded at that time was Rs. 3/-. The contention of the first respondent was that the construction was in the year 1950, the cost of construction at that time was Rs.4000/-, and it was entrusted to the applicant in the year 1954 on a rent of Rs. 20/- per month. It is the admitted case that it was in the year 1967 that the first respondent purchased the property in which the dwelling house is situate.

(3.) The decision of the Land Tribunal was based on Ext.C-1 report dated 15-10-1971 of the Special Revenue Inspector, according to whom the cost of construction of the dwelling house was Rs.1208.65. and the probable monthly rent Rs. 8/- In her report Ext. C-2, filed on 13-8-1975, the commissioner reported that the dwelling house was about 35 years old, the value of the house as assessed by her was Rs. 830.74, and the monthly rent it could have fetched was Rs. 7/-. No objection is seen to have been filed by the first respondent to Ext. C-2 report. In his objection to Ext. C-2 report of the commissioner, the appellant (the predecessor in interest of the revision petitioners) had, inter alia, stated that the dwelling house was aged fifty years, and the valuation given by the commissioner, both in terms of the materials used and in terms of the rate adopted, was on the high side. It was also stated that no supervisory charge ought to have been added to the cost of labour and the materials to arrive at the cost of construction, and the dwelling house was not tiled at the time of construction; it was done subsequently,