1. The meaning to be attributed to the words "the person in possession of the land" occurring in sub-s. (2) of S.75 of the Kerala Land Reforms Act, 1963, for short, the Act, is the question that arises in this Original Petition, a case which has been referred to a Division Bench by Bhaskaran J., on the submission of counsel that the decision in Rev. Fr. Mathew Fabian v. Additional Land Tribunal, Quilon & others 1973 KLT. 423 requires reconsideration.

2. The petitioner is the Thrikkaruva Kuttiyazhikom Devaswom represented by by its Joint Secretaries. They sought the shifting of three kudikidappus situated in the land belonging to the Devaswom to a new site belonging to the Devaswom under sub-s. (2) of S.75 of the Act. Respondents 1 and 2, the kudikidappukars, objected on various grounds: (1) The application was lacking in bona fides, (2) the alternate site offered was unsuitable for erecting of homestead and (3) that the Devaswom is not a "person" within the meaning of that expression in S.75(2) of the Act. The contentions of the 1st and 2nd respondents on points (1) and (2) above have been found against by the Land Tribunal but the 3rd contention has been accepted by rea