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1977 Supreme(Ker) 73

GOPALAN NAMBIYAR, GEORGE VADAKKEL, T.CHANDRASEKHARA MENON
KORAN – Appellant
Versus
KAMALA SHETTY – Respondent


Judgment :-

1. This revision petition has come on before a Full Bench to consider two principal questions that appeared to arise for determination, viz. (1) the applicability of the principle of res judicata, and in particular, the principle of 'might and ought' embodied in Explanation IV to S.11 of the C. P. C. to proceedings before the Land Tribunal under the Kerala Land Reforms Act; and (2) the question whether the status of a tenant who applies for purchase of kudikidappu has to be judged with reference to the date of the commencement of Act 35 of 1969 i. e.111970 or with respect to the dale of making the application The latter part of the first question does not actually arise on the facts; and the second question does not fall for consideration in view of our answer to the first part of the first question.

2. The revision is by the unsuccessful petitioner who applied for purchase of kudikidappu rights under S.80-B of the Land Reforms Act. The application was allowed by the Land Tribunal, Kasaragod. An appeal from she order of the Tribunal was allowed by the Appellate Authority (Land Reforms), Kozhikode, and the application for purchase of kudikidappu was directed to be dismiss






















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