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1974 Supreme(Ker) 100

P.SUBRAMONIAN POTI
VARKEY THOMAS – Appellant
Versus
LAND TRIBUNAL, PAMPAKUDA – Respondent


Judgment :-

1. The Land Tribunal, Pampakuda by the order impugned in this petition held that the application for shifting of a kudikidappa moved by the petitioner under S.77 of the Kerala Land Reforms Act 1963, Act 1 of 1964, had to be dismissed since the landlord had not established the requirement of the site of the kudikidappa for the construction of building for his residence. The landlord is admittedly in possession of 7 acres of land including the property of 2 acres and 39 cents in a corner of which the kudikidappa is situate. According to the kudikidappukaran the area in the possession of the landlord is more extensive, but on that there is no evidence. The Tribunal found that even on the facts admitted it must be found that there is necessary space available in the property wherein the landlord wants to construct the building even without disturbing the residence of the kudikidappukaran. The Tribunal therefore took the view that the need for displacing the kudikidappukaran from the site which he is occupying had not been established and the claim in that behalf by the petitioner has not been shown to be bonafide. This is a finding on facts reached on very relevant consider























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