KUNJAN VASU versus MADHAVAN ACHARI AND ORS.

Citation: [2001] SUPP. 5 S.C.R. 417 · Decided: 04-12-2001 · Supreme Court of India · Bench: K.T. THOMAS · Disposal: Appeal(s) allowed

Judgment (excerpt)

KUNJANVASU 
v. 
MADHAVAN ACHARI AND ORS. 
DECEMBER 4, 2001 
[K.T. THOMAS AND S.N. PHUKAN, JJ.] 
Kera/a Land Reforms Act, J963-Sections 2(25) and 80A(3). 
Kudikidappu rights-Land situated in Panchayat area-Permission to 
occupy the 'Kudikidappu' by the mortgagee having possession of 2 cents of the 
land-Kudikidappukaran 's application to purchase J 0 cents of land-Tribunal 
and Appellate Court held that he was to purchase JO cents-High Court upheld 
the entitlement to the extent of 2 cents only since mortgagee permitted only to 
that extent-Held, Kudikidappukaran was entitled to purchase JO cents of land 
since the landlord possessed more than JO cents. 
Appellant was a Kudikidappukaran of a land situated in panchayat 
area. His Kudikidappu was in the land of respondent No. 1-land owner, the 
exte.nt of which was 60 cents. Appellant had been permitted to occupy the 
Kudikidappu by a mortgagee in possession who had taken mortgage of 2 
cents of land of the first respondent-lancilowner. Appellant applied for 
purchasing IO cents of land adjoining his Kudikidappu. 
Land Tribunal and the Appellate Authority held that appellant was 
entitled to purchase 10 cents of land. On appeal High Court held that he 
was entitled to purchase only 2 cents of land out of the 60 cents belonging 
to the first respondent because permission was granted by the mortgagee 
who had taken a mortgage of only 2 cents. Hence the appeal. 
Allowing the appeal, the Court 
HELD 1. The extent of the land purchasable by the Kudikidappukaran 
has been fixed as ten cents if the land is in a Panchayat. It is so provided in 
sub-section (3) of section SOA of the Kerala Land Reforms Act, and the 
only condition on which the said extent can be reduced is envisaged in the 
proviso to the sub-section which shows that the extent would get reduced 
only if the land available for purchase is less than the extent specified in the 
sub-section. In such a situation the Kudikidappukaran will be entitled to 
417 
A 
B 
c 
D 
E 
F 
G 
H 
A 
B 
c 
D 
418 
SUPREME COURT REPORTS 
[2:001] SUPP. 5 S.C.R. 
purchase only the land available for purchase. Land available for purchase 
means the adjoining land available with the landlowner for being pur-
chased by the Kudikidappukaran. [420-H; 421-A; BJ 
2. Division Bench of the High Court has committed an error of law in 
holding that a Kudikidappukaran is entitled to purchase only so much of 
land which was in possession of the person who granted permission to 
occupy the Kudikidappu. Even if the person who granted permission to 
occupy, the Kudikidappukaran had possession of two cents only at the 
time when he granted such permission it does not mean that the 
Kudikidappukaran's rights would be reduced to such two cents, so long as 
the landowner had got more than ten cents ofland available adjoining the 
Kudikidappu. Once the person in possession of the land has permitted the 
Kudikidappukaran to occupy the Kudikidappu he acquires all the rights 
conferred by the Act as Kudikidappukaran. First respondent continued to 
have possession of over 60 cents of land and he cannot contend that there is 
no land available beyond two cents for the Kudikidappukaran to pur-
chase. [420-F; 421-C; DJ 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 8259 of 2001 . 
• 
From the Judgment and.Order dated 18.1.2000 of the Kerala High Court 
E 
in C.R.P. No. 1780 of 1991 (D). 
F 
G 
H 
Ms. S. Karthika, N. R. Shonkar and D.V. Deepak for the Appellant. 
Harish Beeran and S. Udaya Kumar Sagar for the Respondent No. 2. 
Ramesh Babu M.R. for the Respondent No. 3. 
The Judgment of the Court was delivered by 
THOMAS, J. Leave granted. 
Appellant is a "Kudikidappukaran" in the land of the first respondent. 
He applied for purchasing ten cents of land adjoining to his "Kudikidappu". 
The word "Kudikidappukaran" is defined in Section 2(25) of the Kerala Land 
Reforms Act, 1963 (for short 'the Act'). Shorn of details of the definition which 
are unnecessary for the purpose of this case, it means a person who has been 
permitted by a person in lawful possession of any land to occupy, with or 
KUNJANVASU v. MADHAVAN ACHARI [THOMAS,!.] 
419 
without any obligation to pay rent, a hut belonging to such person and situate 
A 
in the said land. (The person who is so permitted should have had neither a 
homestead nor any land exceeding ten cents in any Panchayat area on which 
he could erect a homestead). The word "Kudikidappu" means the land and the 
hut so permitte

Excerpt shown. Read the full judgment & AI analysis in Lexace.