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1986 Supreme(Ker) 219
Judges : BHASKARAN NAMBIAR
AUGUSTIN - Appellant
Versus
JOSEPH - Respondent
Case No : C.R.P. No. 1682 of 1983-G
Decided On : 07/22/1986
Advocates Appeared :
N.N. Sugunapalan; A.X. Varghese; For Petitioner K.S. Madhusoodanan; Government Pleader; For Respondent
The extent of land held by the kudikidappukaran's landlord's family, not the entire co-ownership extent, should be considered for determining the extent available for purchase by the kudikidappukaran under S.80-A of the Kerala Land Reforms Act.
Headnote:
Kerala Land Reforms Act - Extent of Land for Purchase by Kudikidappukaran - S.80-A
Fact of the Case:
The petitioner, a co-owner, and his wife own a total of 1 acre 671/4 cents. The petitioner's family, including his three brothers, collectively own 5 acres. The kudikidappukaran filed an application to purchase 10 cents of land under S.80-A of the Kerala Land Reforms Act. The authorities held that the petitioner's ownership of more than five acres, including the property owned by the other co-owners, entitled the kudikidappukaran to purchase 10 cents. The petitioner challenged these orders in revision under S.103 of the Act.
Finding of the Court:
The court held that the extent of land held by the petitioner's family, not the entire co-ownership extent, should be considered for determining the extent available for purchase by the kudikidappukaran. As the petitioner's family was entitled to 1 acre 671/4 cents and there were four kudikidappukars, the kudikidappukaran was entitled to purchase 5 cents of land, not 10 cents as held by the authorities. The matter was remanded back to the Land Tribunal for further orders.
Issues: The main issue was whether the extent of land owned by the other co-owners should be taken into consideration for fixing the extent available for purchase by the kudikidappukaran under S.80-A of the Kerala Land Reforms Act.
Ratio Decidendi: The court interpreted S.80-A and held that the extent of land held by the petitioner's family, not the entire co-ownership extent, should be considered for determining the extent available for purchase by the kudikidappukaran. The court emphasized that the kudikidappukaran should only be able to purchase rights of his landlord, not any person other than his landlord.
Final Decision: The court allowed the revision petition, set aside the orders of the Land Tribunal and the appellate authority, and remanded the matter back to the Land Tribunal for further orders. The court held that the kudikidappukaran was entitled to purchase 5 cents of land, not 10 cents as held by the authorities.
1. Where, one co-owner has more than one kudikidappukaran as his tenants, is the extent of the land owned by the other co-owners liable to be taken into consideration for fixing the extent available for purchase by the kudikidappukaran. The scope and applicability of clause (4) of S.80-A of the Kerala Land Reforms Act, Act I of 1964, thus arises for determination on the facts of this case.
2. The facts, no longer in dispute, are these. The petitioner is the landlord and the first respondent is his kudikidappukaran. As a co-owner, the petitioner owns 1 acre 201/4 cents while his wife holds 47 cents. The petitioner's family has thus ownership and possession of 1 acre 671/4 cents. There are two kudikidappukars for the petitioner and two for his wife, thus four kudikidappukars for this "family" as defined in the Act. Regarding the co-ownership property of the petitioner, it is seen that he is the co-owner along with his three brothers, of a property having a total extent of 5 and odd acres. There has been no partition between the co-owners. But the extent of the land which the petitioner is entitled as co-owner in the event of actual partition is found to be 1 acre 671/4 cents.
3. The kudikidappukaran filed an application for purchase under S.80-A of the Act. By a preliminary order dated 7-9-1972, the Land Tribunal found that the kudikidappukaran was entitled to purchase 10 cents of land. A final order followed. The appeal against this decision was also in favour of the kudikidappukaran. The authorities held that the petitioner owned more than five acres including the property owned by the other co-owners and therefore under S.80-A (5), the kudikidappukaran is entitled to ten cents. These orders are challenged in revision under S.103 of the Act.
4. S.80-A governs the right of the kudikidappukaran to purchase his kudikidappu and fixes the extent of land available for purchase, if there are more than one kudikidappukars in the land. The relevant provisions are extracted below:
"80A (1) Notwithstanding anything to the contrary contained in any law for the time being in force, a kudikidappukaran shall, subject to the provisions of this section, have the right to purchase the kudikidappu occupied by him and lands adjoining thereto.
(2) Notwithstanding anying contained in sub-s. (1), where the total extent of land held by the person in possession of the land in which the kudikidappu is situate, either as owner or as tenant is less than one acre, the kudikidappukaran shall be entitled to purchase his kudikidappu and lands adjoining thereto only in cases where the person in possession of the land in which the kudikidappu is situate does not apply to the Government under sub-s. (3) of S.75 for the acquisition of the land to which the kudikidappu may be shifted, within a period of two years from the commencement of the Kerala Land Reforms (Amendment) Act, 1969:
(4) Notwithstanding anything contained in sub-s. (3), where in the lands held by a person, either as owner or tenant, there are more kudikidappukars than one, the maximum extent of land which is liable to be purchased under this section shall be,
(a) xxxxxxx
(b) where such person holds one acre or more, but less than two acres, of land, six cents in a city or major municipality or ten cents in any other municipality or twenty cents in a Panchayat area or township;
(5) Where any person holds five acres or more of land, either as owner or as tenant-and there are more kudikidappkars than one in the lands held by him, each of the kudikidappukars shall be entitled to purchase the extent of land specified in sub-section (3).
xxx xxx xxx
(12) For the purposes of this section,
(a) the extent of land held by a person shall be the total extent of land held by such person, either as owner or as tenant, on the 1st day of July, 1969;
(b) in calculating the extent of land by a person who is a member of a family and the number of kudikidappukars in the lands held by such person, the extent of the
