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1974 Supreme(Ker) 7

V.BALAKRISHNA ERADI
ITOOP – Appellant
Versus
LAND TRIBUNAL, MATHILAKAM – Respondent


Judgment :-

1. The petitioner is the owner of the site of a kudikidappu wherein respondents Nos. 2 to 11 are at present residing. An application was filed by the petitioner before the Land Tribunal, Mathilakam under S.15(3) read with S.77 of the Kerala Land Reforms Act, 1963 praying that the respondents should be directed to shift the kudikidappu from its existing site in the petition A schedule property to the alternative site described in B schedule to the petition, on the ground that the A schedule property was bona fide required by the petitioner for construction of a residential bouse for his son. The Land Tribunal by its order Ext. P1 dated 14th September, 1972 dismissed the said application mainly on the ground that the alternative site offered by the petitioner is not within a distance of one mile from the A schedule property. One more reason has been stated by the Land Tribunal namely, that the petitioner has not expressed in the application filed by him his willingness to pay the price of the existing kudikidappu. There is serious doubt as to the tenability of the second ground mentioned by the Land Tribunal because the evidence adduced in the case would clearly indicate



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