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2016 Supreme(Online)(KER) 43184

HIGH COURT OF KERALA
K VINOD CHANDRAN, J
VASANTHA BHANDARI – Appellant
Versus
THE COMMISSIONER – Respondent


J U D G M E N T

The petitioner is before this Court challenging Exts.P3 and P4 orders of the appellate and revisional authorities. The dispute raised was with respect to an extent of 1.05 Acres of lands in R.S No.148/1E of Kodlamogaru Village. The petitioner claimed that her mother, Pushpavathi had been the owner in possession and enjoyment of 40 cents of land comprised in Survey No. R.S No.147/2 of Kodlamogaru Village, having obtained the same as per document No.172/72 of S.R.O Manjeshwar. The claim with respect to 1.05 Acres of land lying adjacent to the aforesaid property was that the holder of the 40 cents of land could exercise the privilege to use the said land for the beneficial enjoyment of the 40 cents for; cutting of trees and obtaining green manure for cultivation, which privilege is termed as “kumki” privilege and the land was claimed as “kumki” lands. The said lands were assigned to the 4th respondent by Ext.P1, which was challenged by the petitioner unsuccessfully in appeal and revision.

2. The learned Counsel for the petitioner submits that though an application for assignment by virtue of the “kumki” privilege claim under Rule 7A of the Kerala Land Assignment Rules,

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