1. The challenge in this writ petition is directed against the order Ext. P1 passed by the Land Tribunal, Tellicherry (1st respondent) dismissing an application O. A. No. 828 of 1972 filed before it by the writ petitioner under S.77 of the Kerala Land Reforms Act, 1963 (hereinafter referred to as the Act) for shifting the kudikidappu of respondents Nos. 2 and 3 from R. S. No. 38/9 of Dharmadom Amsom and Desom to another property comprised in R.S.No. 41/3B of the same Amsom and Desom details of which were mentioned in the B Schedule to the petition.

2. The ground on which shifting of the kudikidappu was prayed for by the writ petitioner was that the site of the kudikidappu was required for constructing a building for her daughter Prema. In order to substantiate this case the petitioner's husband gave evidence before the Land Tribunal as the first witness examined on the side of the applicant. Strangely enough, there is no reference at all in the order passed by the Land Tribunal to the testimony of this witness and the appendix to the said order has been drawn up on the basis that no witness was examined in the case either on the side of the applicant or on the side of th