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1979 Supreme(Ker) 110

V.KHALID
KOLAPPAN ACHARI – Appellant
Versus
HANEEFA – Respondent


Judgment :-

1. The plaintiff in O.S. No. 197 of 1978 of the Munsiff's Court, Neyyattinkara, is the revision petitioner. The suit was for a declaration that he was not liable to be evicted in execution of the order passed by the Rent Control Court in B. R. C. O. P. No. 18 of 1974 as it was unenforceable against him in view of the order of the Land Tribunal, Athiyannur in O. A. No. 891 of 1972 declaring him as a kudikidappukaran. The suit arose under the following circumstances: The petitioner filed O. A. No. 891 of 1972 for purchase of kudikidappu right under S.80-B of the Kerala Land Reforms Act, hereinafter referred to as the Act. That application was dismissed by the Land Tribunal on 28-2-1973. The petitioner filed an appeal as A. A. No. 1022 of 1973 before the Appellate Authority. It was then that the rent control petition was filed by the landlord for eviction. The petitioner raised a plea that he was a kudikidappukaran and hence was not liable to be evicted. This question was referred under S.125 (3) of the Act to the same Land Tribunal who had earlier decided O. A. No. 891 of 1972. The Land Tribunal entered a finding against the petitioner which finding was accepted by the Re





















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