Kerala Court August 1980 Judgments

Souri Francis Vs. Parameswaran and ors.

Court: Kerala

Reported in: AIR1980Ker165

ORDERP. Janaki Amma, J.1. The petitioner filed a petition under Section 75(2) of the Kerala Land Reforms Act, 1 of 1964, for shifting a kudikidappu owned by the first respondent situated in schedule A to the petition on the ground, that he bona fide required the land for constructing a building for his own residence. The extent of the land is 59 cents. The kudikidappu is situate in the north-eastern corner of the plot. The petitioner offered another site, which is described in the B schedule to the petition, in lieu of the kudikidappu now existing. The Land Tribunal allowed the petition upholding the petitioner's claim that the land was required by him bona fide for the purpose of his own residence.2. The respondents filed an appeal before the Appellate Authority. The Appellate Authority confirmed the finding of the Land Tribunal, that the landlord required the land bona fide for constructing a residence for himself. The Appellate Authority, however, held, that since the extent of the ...