Judgment

Thomas, J.-A Full Bench of the Kerala High Court has held that when a person has land in co-ownership with another, whatever be its extent, it would not disentitle him to claim the rights of a “Kudikidap­pukaran” under the provisions of the Kerala Land Re­forms Act, 1963 (for short `the Act). Having held so the Full Bench proceeded to consider whether appellant has such an enti­tlement. It was found that the land in his possession is not in co-ownership with others and hence the Full Bench repelled his claim to have Kudikidappu rights.

2. The predecessor of respondent (late Geevargis Koshy) was the owner of a building which he rented out to the appellant in the year 1963 for conducting a tea-shop. As per a settlement in the family of the said Geevargis the said building and the land on which it is situate have been allotted to the share of first respondent. Two suits were filed in respect of this building, one by the appellant for a declaration that the building is his, and the other by the first respondent together with Geevargis Koshy for recovery of possession of the building.

3. The suits underwent a checkered carrier and when they reached the Kerala High Court on an earl