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1996 Supreme(Ker) 486

JACOB BENJAMIN KOSHY
Mohammedkutty – Appellant
Versus
Mammukutty – Respondent


JUDGMENT

J.B. Koshy, J.

1. As per the order dated 27.11.1990 in C.R.P. No. 2184 of 1987, this Court held that respondents 1 to 6, who are respondents 1 to 6 in the review petition, are kudikidappukars and entitled to purchase ten cents of land under S.80-B of the Kerala Land Reforms Act. The review petition filed by the petitioner in the revision petition is directed against the said order passed by His Lordship Justice P. Krishnamoorthy on the ground that there is error apparent on the face of the record.

2. The petitioner had instituted O.S. No. 270 of 1970 before the Munsiff's Court, Parappanangadi against the respondents for recovery of possession with arrears of rent from the kudikidappukars. At the time when the suit was filed, there was no proceeding initiated by the respondents under S.80-B of the Act. In the suit, respondents 1 to 6 and their deceased mother had contended that they were kudikidappukars in respect of the disputed hut and the property. The Munsiff Court referred the matter to the Land Tribunal. The Land Tribunal found the respondents are not entitled to the kudikidappu right. Accordingly, the suit was decreed by the court below as per the judgment and decree





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