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1974 Supreme(Ker) 31

V.BALAKRISHNA ERADI
ABDUL REHIMAN – Appellant
Versus
RAMU – Respondent


Judgment :-

1. The challenge in this writ petition is directed against the order Ext. P1 passed by the Land Tribunal, Anthikad rejecting an application O. A. No. 506 of 1972 filed by the writ petitioner before the said Land Tribunal under S.75 and 77 of the Kerala Land Reforms Act, 1963 (Act 1 of 1964) praying that a kudikidappu in the occupation of the 1st respondent herein should be directed to be shifted from its existing site described in the A schedule to the petition to an alternative site mentioned in the B schedule to the said application. The ground on which the petitioner sought the relief of shifting of the kudikidappu is that he requires A schedule land bona fide for the purpose of putting up a residential building for himself. The Tribunal found on a detailed consideration of the evidence adduced in the case that the A schedule land on which the kudikidappu is situated is a narrow elongated strip of 'chira' having a maximum width of only 3 dhannus and that too only in certain places, its width in the remaining portions being only one dhannu. Having regard to the said nature of the property and also of the fact that the B schedule land which the petitioner admittedly ow


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