Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Kerala Land Reforms |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Kerala Land Reforms Act, 1963 - ss. 80, BOB, 79A, 102 and 125 - Eviction proceedings under the 1965 Act - Reference u/s.125(3) of the 1963 Act, by Rent Control Authority calling for decision as to status of appellant(s) as a tenant or Kudikidappukaran - On Reference, Land Tribunal returned . a finding that appellant(s) was not a Kudikidappukaran but was only a tenant occupying a building o belonging to the respondent and not a hut or homestead - Held: The only scope to challenge the conclusion of the Land Tribunal was by way of an appeal under the provisions of 1965 Act by virtue of the specific stipulations contained in s. 125(6) of the 1963 Act - In order for a person to claim the status of Kudikidappukaran, he has to ensure that the status claimed is in the first instance accepted by the local authority in appropriate proceedings u/s.8O of the 1963 Act and more importantly in proof for such acceptance his name is entered as Kudikidappukaran in the register prepared and maintained F for that purpose by the local authority - Approach made by the appellant(s) by invoking s.80B of the 1963 Act in order to assert his right as Kudikidappukaran even without getting his status ascertained in appropriate proceedings u/s. 80 of the 1963 Act was wholly invalid and rightly rejected by the original authority - Appellate Authority failed to understand the scope, power and jurisdiction of Appellate power u/s.102 of the 1963 Act as against the order passed u/s. 80B of the 1963 Act - Order of Appellate Authority was, wholly without any jurisdiction and rightly set aside by the High Court - Kerala Buildings (Lease and Rent Control) Act, 1965. Kerala Land Reforms Act, 1963 - s.125 - Status of Kudikidappukaran - Determination - Bar of jurisdiction of Civil Court/Rent Control Court - Held: Such question can be exclusively decided only by the Land Tribunal - However, after such decision is rendered pursuant to a reference made to it and the ultimate decision of the Civil Court/Rent Control Court is taken up by way of appeal, the Appellate Court! appellate authority of a Civil Court or Rent Control Court while C examining the merits of the decision of the concerned Civil Court or the original authority on the question of eviction can also examine the correctness of the decision rendered by the Land Tribunal as regards the status as a Kudikidappukaran. |
Judge | Hon'ble Mr. Justice Fakkir Mohamed Ibrahim Kalifulla |
Neutral Citation | 2013 INSC 189 |
Petitioner | Madhavi Amma & Ors. |
Respondent | S. Prasannakumari & Ors. |
SCR | [2013] 5 S.C.R. 307 |
Judgement Date | 2013-03-22 |
Case Number | 2735-2736 |
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