M D SEMINARI Vs. M P KARTHIYANI

JUDGEMENT

(1.) Kudikidappukaran has fixity of tenure under the Land Reforms Act. He has also the right to purchase the adjoining land belonging to the landlord, according to the procedure and subject to the limits prescribed by the Act. The purchase certificate issued in his favour makes him the absolute owner in respect of the hut or homestead where he was allowed to reside or which he was permitted to construct and also the adjoining land not exceeding ten cents. He is then no longer a kudikidappukaran but an owner on his own right. Till he obtained the purchase certificate, as a kudikidappukaran, his rights in his kudikidappu are heritable, but not alienable except to any person specified in sub-s. (1) of S.75 of the Act. An alienation by a kudikidappukaran not authorised by the Act gives rise to a claim for eviction in favour of the landlord. The short question for consideration in this revision is whether an alienee of a kudikidappukaran, whose alienation gives rise to a cause of action for eviction, proceed with an application for purchase of the landlord's rights and thus defact the statutary right of eviction available to the landlord

(2.) The short facts.

(3.) The first respondent claiming to be a kudikidappukaran of a Seminari attached to a church in Kottayam, filed an application under S.80B of the Act for purchase of kudikidappu before the Land Tribunal, Kottayam in 1976, During the pendency of the proceedings, he assigned his rights to the Secretary, Bharat Scouts Association, the respondent on 2-11-1978. The assignee has also got himself impleaded. The Land Tribunal and the appellate authority have held, overruling the objection of the landlord that the application for purchase by the alienee is maintainable, the first respondent having practically withdrawn from the scene. These orders are challenged in this revision. under S.103 of Act 1 of 1964.