KARTHIYANI Vs. STATE OF KERALA

JUDGEMENT

(1.) The short point that arises for consideration in this Civil Revision Petition filed by the respondent in O. A. No. 1011 of 1970, an application for purchase of kudikidappu under S.80B of the Kerala Land Reforms Act, 1 of 1964. for short the Act, on the file of the Land Tribunal No. I, Chirayinkil is whether notice should be issued to the landowner in an application for purchase of kudikidappu even if the person in possession of the land (a life estate holder) is made a party to the proceedings. The original application was filed by the 2nd respondent herein for the purchase of his kudikidappu. The revision petitioner who was the sole respondent filed her written objections pointing out that she is only a life estate holder and under the partition deed produced along with the written objections the real owner of the land is somebody else. Other contentions also were taken by the revision petitioner before the Land Tribunal. The Land Tribunal held that the 2nd respondent is a kudikidappukaran who is entitled to purchase his kudikidappu 10 cents in extent.

(2.) The above order of the Land Tribunal was challenged by the appellant before the Appellate Authority (Land Reforms), Alleppey. The Appellate Authority dismissed the petitioner's appeal and in dismissing the same it also held:

(3.) S.80B of the Kerala Land Reforms Act 1 of 1964 reads: