SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1973 Supreme(Ker) 217

G.VISWANATHA.IYER
THOMAS – Appellant
Versus
PUNNOOSE – Respondent


Judgment :-

1. In this case the petitioner challenges Ext. P3 order of the Land Tribunal directing him to shift bis kudikidappu to a new site mentioned in the order. The order is attacked on three grounds. Firstly it is contended that the petitioner's application to purchase the kudikidappu has been allowed and so an application to shift it h not maintainable. But it is not disputed that the certificate of purchase has not been so far issued to him and so the bar under S.77(2) proviso will not apply. The second ground is that an earlier application for shifting the kudikidappu has been dismissed under Ext. P2 order and hence a second application is not maintainable. The Act or the Rules do not prohibit the filing of a second application and the provisions of res judicata and other simitar provisions of CPC. do not apply to the proceedings under the Act. So this ground is also not sustainable Lastly it is contended that the Land Tribunal has on insufficient ground held that the land where the Kudikidappu is situate is bonafide needed for an industrial purpose of the respondent and that the new site is suitable to erect a homestead. The finding on those matters are based on the evide


Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top