Sadananda Kamath vs Vagamma

K.G. Balakrisiiman, J.—The first respondent Nagamma and the revision petitioner are residing in a property having an extent of 12 cents. The revision petitioner is admittedly the landlord of this property having obtained kuzhikanam right from the original owner. The first respondent is a kudikidappukari and has filed application for purchase of kudikidappu. Though the revision petitioner objected to the purchase application, and raised the contention that the area available for purchase was only less than 10 cents, the Land Tribunal allowed the first respondent to purchase 10 cents out of the total extent of 12 cents and the revision petitioner-landlord to retain the balance extent of 2 cents. The petitioner would contend that the first respondent Nagamma is not entitled to get a purchase certificate in respect of 10 cents of property, since the house occupied by the petitioner covers an area of more than 3� cents. The Land Tribunal as well as the appellate authority proceeded on the basis that the total extent of the land was 12 cents and since the land situates in panchayat area, the first respondent was entitled to purchase 10 cents of land. The relevant section of Kerala Land Reforms Act is Sub Section (3) of S. 80A. It reads:

(3) The extent of land which the kudikidappukaran is entitled to purchase under this section shall be three cents in a city or major municipality or five cents in any other municipality or ten cents in a panchayat area or township:

Provided that where the land available for purchase in the land in which the kudikidappu is situate, or the land in which the kudikidappu is situate, is less than the extent specified in this sub-section, the kudikidappukaran shall he entitled to purchase only the land available for purchase or, as the case may be, the land in which the kudikidappu is situate.

Under Sub Section (3) of Section 80A of the Kerala Land Reforms Act, the extent of land entitled to be purchased shall be 3 cents in a city or major municipality or 5 cents in any other municipality, or 10 cents in panchayat area or township. However, the kudikidappukaran is entitled to purchase only area available for purchase from the land in which the kudikidappu is situated. The proviso to Section 80(3) makes it clear that the kudikidappukaran would be entitled to purchase only the area available for purchase. Even if the total extent of the property is more in extent, it is not necessary that that kudikidappukaran should be allowed to purchase the maximum extent. The area available for purchase mentioned in the proviso has some significance and the right of the kudikidappukaran shall confine to that area only. In a property where both the landlord and kudikidappukaran reside in separate buildings, the kudikidappukaran can purchase only the balance extent after deducting the area occupied by the landlord''s building. In a property where the total extent is 12 cents and if the house occupied by the landlord is having a plinth area of more than 2 cents, the area available for purchase by kudikidappukaran would be less than 10 cents.

Sub-section (12) of section 80A deals with the manner in which the calculation of the extent of land is to be made. Clause 12 (ii) of section 80A excludes the sites of the building and other structures Therefore it is clear that if any building or other structures are situated in the property, that area is to be excluded while computing the area available for purchase. It is not correct to say that in all cases the kudikidappukaran will be entitled to purchase the extent of land mentioned in clause [3] of S. 80A. Clause [3] of S. 80A only prescribes the maximum limit to which the kudikidappukaran is entitled to purchase. Proviso to Sub-section [3] of S. 80A further provides that the kudikidappukaran shall be entitled to purchase only the land available for purchase. In the present case the total extent of land is only 12 cents. Revision petitioner was examined as PW. 1 and he gave evidence to the effect that his house was occupying an area of 3, cents. This evidence is not seen challenged by the first respondent. The land Tribunal has not correctly considered this point. The Revenue Inspector has also not filed any report indicating the extent of the land occupied by the revision petitioner Therefore the order passed by the appellate authority is set aside to a limited extent and the matter is remanded to Land Tribunal. The Land Tribunal shall ascertain the area available for purchase by the kudikidappukaran.

The Land Tribunal shall exclude the area covered by the petitioner''s house and the first respondent shall be given purchase certificate only in respect of the balance extent excluding this area. The matter is remitted to the Land Tribunal for this short question.