1. The petitioner filed O.A. 7048 of 1970 before the Land Tribunal, Pattanakkad under S.80B of the Kerala Land Reforms Act for purchase Kudikidappu right in respect of the property wherein he was residing. The first respondent denied his status as Kudikidappukaran as defined in S.2 (25) of the Kerala Land Reforms Act. It came out that the petitioner got under a partition deed and is in possession of 10 cents of dry land and 101/2 cents of wet land. Relying on the above document, the Land Tribunal held that the petitioner is not a Kudikidappukaran and dismissed the petition. The decision was upheld by the Appellate Authority. The revision petition is against the above. When the case came up before a single judge of this Court, reference was made to the decision in Damodaran v. Kunhiraman (1973 KLT.14). The correctness of the above decision was doubted by the learned single judge and that resulted in this reference to the Division Bench.

2. In Damodaran v. Kunhiraman (1973 KLT.14), the applicant was the owner of 71/2 cents of garden land and 121/2 cents of adjoining paddy field The Land Tribunal dismissed the application holding that the applicant was not a Kudikidappukara