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1989 Supreme(Ker) 153

BALAKRISHNAN
Subbayya Chettiyar – Appellant
Versus
Ayyappan Pillai – Respondent


Judgment :-

1. The revision petitioner filed O.A.119 of 1983, under S.80B of the K.L.R. Act for purchase of kudikidappu right. The application was allowed by the Land Tribunal by its order dated 6-8-1985 finding that the revision petitioner is a kudikidappukaran. Against that order the first respondent herein filed an appeal before the Appellate Authority. The appeal was allowed by the Appellate Authority. The petitioner challenges the order passed by the Appellate Authority.

2. According to the revision petitioner he is occupying a but in Sy.No.14/54 Iranimuttom Village in Trivandrum taluk. The Land Tribunal found that the petitioner has been residing in the but for the last 30

years, and the cost of construction of the hut would come to Rs.300/-. It was also found that the applicant-petitioner was not having any land of his own either as owner or as tenant where he could construct a building. Exts.C1 and C2 are the report and the draft sketch prepared by the revenue inspector. The revenue inspector in his report dated 22-2-1985 stated that the applicant has been residing in a small thatched hut and the walls of the hut are made up of mud and there are only two rooms and a'charthu'













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