SADANANDA KAMMATH Vs. NAGAMMA

JUDGEMENT

(1.) The first respondent Nagamma and the revision petitioner are residing in a property having an extent of 12 cents. The revision petitioner is admittedly the landlord of this property having obtained kuzhikanam right from the original owner. The first respondent is a kudikidappukari and has filed application for purchase of kudikidappu. Though the revision petitioner objected to the purchase application, and raised the contention that the area available for purchase was only less than 10 cents, the Land Tribunal allowed the first respondent to purchase 10 cents out of the total extent of 12 cents and the revision petitioner landlord to retain the balance extent of 2 cents. The petitioner would content that the first respondent Nagamma is not entitled to get a purchase certificate in respect of 10 cents of property, since the house occupied by the petitioner covers an area of more than 3 1/2 cents. The Land Tribunal as well as the appellate authority proceeded on the basis that the total extent of the land was 12 cents and since the land situates in Panchayat area, the first respondent was entitled to purchase 10 cents of land.

(2.) The relevant section of Kerala Land Reforms Act is sub-s. (3) of S.80A. It reads:

(3.) Sub-section (12) of S.80A deals with the manner in which the calculation of the extent of land is to be made. Clause.12(ii) of S.80A excludes the sites of the building and other structures. Therefore it is clear that if any building or other structures are situated in the property, that area is to be excluded while computing the area available for purchase. It is not correct to say that in all cases the kudikidappukaran will be entitled to purchase the extent of land mentioned in clause.(3) of S.80A. Clause.(3) of S.80A only prescribes the maximum limit to which the kudikidappukaran is entitled to purchase. Proviso to sub-section (3) of S.80A further provides that the kudikidappukaran shall be entitled to purchase only the land available for purchase