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1987 Supreme(Ker) 544

VARGHESE KALLIATH
KUNJAMMA – Appellant
Versus
VELAYUDHAN – Respondent


Judgment :-

1. The respondents in an application for shifting the kudikidappu under S 75(2) of the Kerala Land Reforms Act, for short the Act, are the revision petitioners. The 1st respondent in this revision petition claimed shifting of the kudikidappu on the ground that he required the land for running an automobile workshop. He filed an application in 1972 as O.A. 985 of 1972. That application was dismissed. Thereafter, he filed an appeal as LRAS 2149 of 1977. During the pendency of the appeal, the counsel for the applicant (1st respondent herein) fried a petition to the effect that he may be allowed to withdraw the appeal as well as O.A. 2591 of 1975 (this is the renumbered O.A originally filed as O.A 985 of 1972.) The petition for withdrawal was made in view of a decision of this Court wherein this Court said that the alternate site offered to the kudikidappukars must be owned by the land-owner even at the time when the application for shifting is filed. In this case, the landowner had only an agreement to purchase the land offered as the alternate site and so, he felt that even if he establishes his case of bona fides and other requirements of law, the court may not grant him














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