High Court Kerala High Court

Kunjumon vs Tresas on 28 January, 2008

Kerala High Court
Kunjumon vs Tresas on 28 January, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP No. 1070 of 2000(F)



1. KUNJUMON
                      ...  Petitioner

                        Vs

1. TRESAS
                       ...       Respondent

                For Petitioner  :DR.K.P.SATHEESAN

                For Respondent  :SRI.E.M.SUNIL KUMAR

The Hon'ble MR. Justice M.N.KRISHNAN

 Dated :28/01/2008

 O R D E R
                          M.N.KRISHNAN, J.
                          --------------------------
                      C.R.P. NO. 1070 OF 2000
                             ---------------------
              Dated this the 28th day of January, 2008

                                  ORDER

This revision petition is preferred against the order of the

Appellate Authority, Alappuzha, in AA 118/98. The appellant therein

is the alleged tenant. The Land Tribunal by virtue of the order dated

7.8.94 held that the appellant is not entitled to kudikidappu right. The

Land Tribunal found that the date of occupation is not proved. It is

also stated that he is occupying the building and the hut nearby but

there is no proof to consider his application for occupation as a

kudikidappukaran. The court also found that there is no relationship

of a landlord and kudikidappukaran in the matter. After considering

the entire mater in detail, the court dismissed the prayer for purchase

of kudikidappu. The appellate court just on the factum of a survey

number held that the petitioner is a kudikidappukaran and reversed

the order of the Land Tribunal. The Land Tribunal has considered

the documents and had arrived at a finding, which has been

interfered without a reasoning by the appellate authority.

C.R.P. No.1070/00 2

2. As I am not having the presence of the respondents in

the appeal before me, it is only possible in the course to remit the

case back to the appellate authority to consider the matter afresh

after hearing both sides.

Therefore, the order of the appellate authority is set aside

and the matter is remitted back to the appellate authority for fresh

consideration and disposal. The court shall fix the date of

appearance by sending notice by registered post with

acknowledgment due to the parties and then dispose of the matter in

accordance with law.

M.N.KRISHNAN, JUDGE

vps

C.R.P. No.1070/00 3