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1973 Supreme(Ker) 210

P.GOVINDA NAIR
ABDULLAKUTTY – Appellant
Versus
LAND TRIBUNAL, BEYPORE – Respondent


Judgment :-

1. The applicant under S.77 of the Kerala Land Reforms Act, 1963, for short the Act, is the petitioner. His application has been rejected on the ground that the site to which be wanted the kudikidappukaran to shift is not fit for the erection of the homestead, and that the site was far away, more than a mile from the location of the present kudikidappu. One of the conditions subject to which alone a person in possession of the land if he bonafide requires the land is entitled to require the kudikidappukaran to shift is, that the new site shall be fit for erecting a homestead and shall be within a distance of one mile from the existing kudikidappu (see S.75 (2) (c) (ii) of the Act). In the proceedings before the Land Tribunal there was a report from the Special Revenue Inspector stating that the site to which the kudikidappu was sought to be shifted was within a mile from the existing kudikidappu and the site was fit for erecting the homestead. It appears the arguments in the matter were heard on 10-11-72. It further appears that the Land Tribunal itself made a local investigation and recorded its impressions in a report seen to be marked Ext. C2. Counsel for the respond






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