The deeming provision introduced by the Explanation to S.2(33B) allowed the petitioner, as a kudikidappukaran, to purchase ten cents of land, overriding the property's location within the Trivandrum Corporation area when the right to purchase was acquired.

Jagamadha Rao, C.J.

In the reference to the Full Bench, the point is regarding the interpretation of Explanation to S.2(33B) and S.80A(3) of the Kerala Land Reforms Act, 1964 (hereinafter called 'the Act'.

2. The facts of the case are as follows: The petitioner was holding 20 cents of land and a building under a possessory mortgage. The first respondent-landowner obtained a decree for redemption in O.S.170 of 1974 in the Court of the District Munsiff, Trivandrum by judgment dated 6-3-1976. The mortgage was by an Ottikuzhikanam deed dated 5-10-1963 executed by the respondent's mother and others in favour of the petitioner. After the decree for redemption was obtained as stated above, the decree-holder filed EP 1041 of 1978 for redemption. At that stage, the petitioner claimed kudikidappu right by virtue of the provisions of Explanation IV to S.2(25) of the Act. The execution court ordered not to dispossess the petitioner from the schedule building till the kudikidappu right of the petitioner was determined. The petitioner then filed OA 113 of 1979 before the Land Tribunal, Trivandrum under S.80B of the Act as amended by the Act 35 of 1969 claiming that she was entitled to purchase part of the property in her possession in exercise of the right conferred by S.80A(3) of the Act. Her application was opposed by the respondent. The contention raised by the respondent was rejected and upon an application of Explanation IV to S.2(25), the Land Tribunal held, in its order dated 4-6-1979, that the petitioner being a kudikidappukari was entitled to purchase by virtue of her kudikidappu right only in regard to three cents in as much as the property was within the Corporation area of Trivandrum at the time of her becoming a kudikidappukari. A certificate of purchase for three cents of kudikidappu land in Survey No.2575/5 of Anchamada Village of Trivandrum taluk was directed to be issued.

3. Being aggrieved by the said order, the petitioner filed an appeal, AA 326 of 1979 before the appellate authority. Petitioner contended that the property was within Vattiyoorkavu panchayat area till 31-12-1961 and the applicant was entitled to purchase ten cents, rather than three cents as declared by the Land Tribunal and for the purpose of this contention, she relied upon S.2(33B) and the Explanation appended to that sub-section. The appellate authority, by its order dated 10-1-1983, dismissed the appeal holding that the petitioner was holding the property and building as a mortgagee on the date on which the area was added to the City Corporation and that even on 1-1-1970 when the Act came into force, the applicant was only a mortgagee. According to the appellate authority, the position of kudikidappu became an issue only after the property was redeemed in 1979 and as per Explanation IV to S.2(25), the mortgagee in possession who was holding a right already in existence on the land to which the mortgage relates, will be deemed to be a kudikidappukaran provided that at the time of redemption, he satisfied certain conditions. The appellate authority, therefore, held that for the purpose of deciding the right to purchase under S.80A(3), the position at the time of redemption was relevant. The applicant was not in possession of any land exceeding three cents in the City at the time of redemption and so she was eligible only to purchase three cents from the schedule property which is within the City at the time of redemption when she became eligible for kudikidappu. It is against this order that the petitioner had preferred the present revision.

4. In this revision. it is contended by learned counsel for the petitioner that as per Exts.A6 and A8 the schedule property was within Vattiyoorkavu panchayat area upto 31-12-1961 and that as per the provisions of S.2(33B) and the Explanation thereto of the Act, if the land on which the petitioner was residing was included in the Trivandrum Corporation from 1-1-1962, the property must be deemed to be within