KRISHNA PILLAI Vs. SREEDEVI AMMA

JUDGEMENT

(1.) This civil revision petition is directed against the order passed by the Appellate Authority (Land Reforms) Alleppey in AA No. 57 of 1978.

(2.) The petitioner filed OA 771 of 1977 before the Land Tribunal, Trivandrum under S.80B of the Kerala Land Reforms Act for purchase of kudikidappu rights in respect of 6 1/2 cents of land alleging that the building occupied by the petitioner was a 'hut' within the meaning of Explanation.2(25)(a) of the Kerala Land Reforms Act. The application was dismissed by the Land Tribunal. The appeal filed therefrom also ended in dismissal. The main reason for the dismissal of the application was that the respondent had filed OP (BRC) No. 248 of 1974 and had obtained an order of eviction against the petitioner herein and that the petitioner had not raised any plea of kudikidappu in that proceedings.

(3.) The contention now urged by the learned counsel for the petitioner is that the order passed by the Rent Control Court which was later confirmed by the Appellate Court and the Revisional Court does not operate as res judicata as the petitioner herein did not contest the matter and that the earlier order of eviction passed under the Kerala Buildings (Lease and Rent Control) Act is not an order passed on merits.