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1975 Supreme(Ker) 89

P.GOVINDA NAIR, V.KHALID
JOSEPH – Appellant
Versus
VELAYUDHAN PILLAI – Respondent


Judgment :-

1. This is a revision under S.103 of the Kerala Land Reforms Act, 1963, for short, the Act, by respondents 1 and 2 in an application by the 1st counter-petitioner herein under S.15 and 17 of the Act for resumption. The Land Tribunal, Ernakulam after framing seven issues on the contentions raised by the revision petitioners allowed the application and granted resumption of an extent not exceeding one half of the holding. The location and actual extent of the land to be resumed as well as the rent payable by the 1st revision petitioner over the extent of the holding to be retained by him and the value of improvements to be paid if any, were directed to be determined in separate proceedings. The 1st counter-petitioner herein (the applicant) was permitted to take out a commission. Revision petitioners 1 and 2 appealed and contended that the 1st respondent was not a small holder. Revision petitioner 1 also contended that his kudiyirippu extended over the entire holding. The 2nd revision petitioner contended that she has a leasehold right over a portion of 22 cents of the holding. The appellate authority confirmed the findings of the Land Tribunal that the 1st respondent is a

















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