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.
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C.R.P. NO. 1070 OF 2000
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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