KUNHAMBU Vs. ABDULLA

JUDGEMENT

(1.) Land Tribunal allowed the Original Application filed by the first respondent under S.80-B of the Kerala Land Reforms Act. The order has been confirmed by the Appellate Authority. Contention of the revision petitioner (landlord) is that his convenient enjoyment of the property was not taken into account while assigning the kudikidappu and that the plan submitted by the Revenue Inspector does not tally with his report. Question to be considered is whether the Land Tribunal while granting purchase certificate to a kudikidappu can be oblivious of the convenient enjoyment of the remaining property by the landlord.

(2.) R.77 of the Kerala Land Reforms (Tenancy) Rules, 1970 provides that the Land Tribunal shall, as far as possible, make available to the kudikidappukaran for his purchase, such portion of the land adjoining the kudikidappu which is necessary or useful for the convenient enjoyment of the kudikidappu. Proviso to R.77(1) makes it clear that the Land Tribunal shall, as far as practicable, make available the portion which when purchased will cause the least inconvenience to the person in possession of the land in which the kudikidappu is situate. Thus, under R.77(1) Land Tribunal has to make available to the kudikidappukaran such portion of the land adjoining the kudikidappu which is really necessary or useful for the convenient enjoyment of the kudikidappu. Land Tribunal has to give due consideration to the convenient enjoyment of the kudikidappu when a petition under S.80B of the Act is allowed. The proviso to R.77 (1) safeguards the interest of the person in possession of the land in which the kudikidappu is situate by ensuring least inconvenience to him. In the instant case, there is nothing to show that any serious inconvenience is caused to the landlord while assigning the portion of land to the kudikidappukaran. If the revision petitioner's contention is accepted, a portion of the hut would form outside the 10 cents of land which the kudikidappukaran is entitled to purchase. Obviously, that cannot be done. There is really no discrepancy between the plan and the report.

(3.) Another contention of the revision petitioner is that be is entitled to the value of the property as on the date of order. The Original Application was filed in 1970 and the Land Tribunal passed the order on 11-5-1983. The Land Tribunal has allowed the land value as on the date of application. R.77 (2) stipulates that the market value of the land to be purchased by a kudikidappukaran shall be determined in the manner provided under the Kerala Land Acquisition Act, 1961 for acquisition of land under that Act. The Land Tribunal has necessarily to decide the market value of the land to be purchased by the kudikidappukaran. How the value can be calculated is specifically mentioned in R.77(2). As R.77(2) states that the market value of the land has to be determined in the manner provided in the Kerala Land Acquisition Act, 1961, for acquisition of land under that Act, the provisions of the Land Acquisition Act will have to be followed in fixing the market value of the land. Under S.25 of the Land Acquisition Act the Court has to take into consideration the market value of the Land as the date of publication of the notification under sub-section (1) of S.3 There cannot be any dispute that the purchase price to be determined under R.77 (2) has to be on the basis of the market value of the property.