The High Court of Kerala upheld the Munsiff's order rejecting the petitioner's claim for permanent tenancy under the Kerala Land Reforms Act and kudikidappukaran rights regarding a room in a two-storied building. The court found no lease of land or evidence of a dwelling house.
Original petition dismissed with no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
TUESDAY, THE 19TH DAY OF NOVEMBER 2013/28TH KARTHIKA, 1935
OP (RC).No. 4003 of 2013 (O)
----------------------------RCP.NO. 12/2012 OF RENT CONTROL (MUNSIFF) COURT, HOSDRUG DATED 18-07-2013
PETITIONER/TENANT :
KUNNICHERI KORAN, AGED 73 YEARS S/O.KULANGARA APPU BUILDING NO.14 OF WARD NO.3 OF TRIKARIPUR PANCHAYATH NEAR VELLAP RAILWAY GATE, TRIKARIPUR, P.O.TRIKARIPUR HOSDURG TALUK.
BY ADVS.SRI.T.K.VIPINDAS SRI.K.V.SREE VINAYAKAN SRI.K.M.MUHAMMED HUSSAIN
RESPONDENT/LAND LADY :
THALICHALATH MUNDAKUNDIL KUNHAMINA, AGED 55 YEARS W/O.LATE K.A.ABDULLA, RESIDING AT ELAMBACHI SOUTH TRIKARIPUR VILLAGE, P.O.TRIKARIPUR HOSDURG TALUK-671 321.
THIS OP (RENT CONTROL) HAVING COME UP FOR ADMISSION ON 19-11-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
Mn
...2/-
OP (RC).No. 4003 of 2013 (O)
APPENDIX
PETITIONER(S)' EXHIBITS :
EXT.P1 TRUE COPY OF THE RENT CONTROL PETITION.
EXT.P3 TRUE COPY OF FINDING OF THE COURT OF RENT CONTROL (MUNSIFF), HOSDURG DATED 18.07.2013.
RESPONDENT(S)' EXHIBITS : NIL
//TRUE COPY//
P.S. TO JUDGE
T.R.RAMACHANDRAN NAIR & B. KEMAL PASHA, JJ.
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O.P.(R.C.)No. 4003 of 2013
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DATED THIS THE 19TH DAY OF NOVEMBER, 2013
JUDGMENT
Ramachandran Nair, J.
What is challenged by the petitioner in this original petition is the order passed by the learned Munsiff rejecting the claim for permanent tenancy raised by him for the room in question. The said room is situated in the second floor of the building.
Section 2(57) of the Kerala Land Reforms Act; and (ii) That he is a 'kudikidappukaran' also. Both these contentions have been rejected by the learned Munsiff by taking the view that as far as the applicability of Section 2(57) of the Land Reforms Act is concerned, the pleadings of the petitioner as well as that of the respondent being that the room in question is part of a two storied building, the said contention cannot be accepted. There is no lease of land to attract Section 2(57) of the Land Reforms Act. The court
below has taken the view that none of the claims raised by the petitioner will arise under the Land Reforms Act. The court below was at a loss to
OP(RC) No.4003/2013
-2-
understand as to how the petitioner can claim 'kudikidappu' right in respect of a room in the upper floor of a building and there is nothing to show that it is a dwelling house. We are of the view that the court below has not gone wrong in arriving at these conclusions.
We do not find any reason to interfere with the order passed by the court below and dismiss this original petition. No costs.
(T.R.RAMACHANDRAN NAIR, JUDGE)
(B. KEMAL PASHA, JUDGE)
kav/
2 issues framed by the court
Whether the petitioner qualifies as a tenant under Section 2(57) of the Kerala Land Reforms Act or as a kudikidappukaran.
Whether the rejection of the claim for permanent tenancy in a room on the upper floor of a two-storied building should be interfered with.
1 provisions across 1 enactments
Kunni cheri Koran
Thal ichalath Munda kundil Kun hamina
T.R. Ramachandran Nair
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
