MOTHER SUPERIOR, INFANT JESUS FRANSICAN CLARIST CONVENT, ENGANDIYUR versus AMBI KUNJUMON AND ORS. ETC.

Citation: [1995] SUPP. 6 S.C.R. 1 · Decided: 30-11-1995 · Supreme Court of India · Bench: K. RAMASWAMY · Disposal: Appeal(s) allowed

Judgment (excerpt)

MOTHER SUPERIOR, INFANT JESUS FRANSICAN CLARIST 
A 
CONVENT, ENGANDIYUR 
v. 
AMBI KUNJUMON AND ORS. ETC. 
NOVEMBER 30, 1995 
B 
[K. RAMASWAMY AND S.B. MAJMUDAR, JJ.] 
Kera/a Land Refomis Act, 1961: Sections 2(43) and 75. 
Society-Registered under Registration Act-Doing charitable C 
work-Held is 'person' under Section. 2( 43 ). 
Society in possession of land having Kudikidappu Karan-Construction 
of orphanage on such lan~Shifting of Kudikidappu Karan-Altemative site 
identified and expenses for shifting [u:ed by Tehsildar-Registration of sale 
deed in favour of Kudikidappu Karalt-!n such circumstance provisions of D 
the Act held complied witlr-Society held entitled to construct orphanage. 
~ 
The appellant-society was in possessi<in of land having a Kud-
dikideppu Karan (Homestead Dweller). It required the Government to 
acquire the land for shifting the Kudikidappu Karan. For that purpose E 
alternative accommodation was identified and offered to the respondents. 
The Special Tehsildar also fixed up the shifting expenses at Rs. 8000. 
Consequently, a sale deed was also registered in favour of the Kudikidappu 
Karan. In appeals to this Court on the question whether the appellant's 
orphanage is a 'person' within the meaning of Section 2(43) of the Kerala 
Land Reforms Act, 1961 : 
F 
Allowing the appeals, this Court 
HELD : 1. The Society registered under the S.ociety Registration Act 
doing charitable work, namely, orphanage by nuns and sisters in a 'person' G 
within the meaning of section 2( 43) of the Kerala Land Reforms Act, 1961. 
Thereby, under sub-section (3) read with sub-section (2) of section 75 of 
the Act, the appellant is entitled to seek possession from Kudikidappu 
Karan. The appellant had clearly complied with the provisions of the Act 
and is therefore entitled to construct the building for orphanage and 
residence of nuns and sisters. [2-G, 3-C] 
H 
1 
2 
SUPREME COURT REPORTS [1995] SUPP. 6 S.C.R. 
A 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 11645-46 
of 1995. 
From the Judgment and Order dated 20.10.92 of th~ Kerala High 
Court in C.R.P. Nos. 87 and 2552 of 1991. 
B 
K.MK. Nair for the Appellant. 
M.T. George and K.V. Mohan for the Respondents 
The following Order of the Court was delivered : 
C 
Leave granted. 
The only question is whether the appellant's Orphanage is a person 
within the meaning of s.2( 43) of the Kerala Land Reforms Act, 1961. 
Section 75(1) says of "kudikidappu karan" (Homestead dweller) to have 
fixity of tenure and shall not be liable to be evicted from his homestead 
D except on grounds mentioned in sub-ss.(i) to (iv) thereof. Sub-s.(2) says 
"Notwithstanding anything contained in sub-s.(1), the person in possession 
of the land on which there is a homestead pr hut in the occupation of a 
Kudikidappukaran may, if he bona fide requires the land for constructing 
a building for his own residence require the Kudikippukaran to shift to a 
E 
new site." Sub-s.{3) says that notwithstanding anything contained in sub-s. 
(1) and {3) where the total extent of land held by a person, either as owner 
or as tenant, is less than one acre and there is a Kudikidappu on any land 
held by him, he may, if he requires the land occupied by such Kudikidappu 
for constructing a building for his own residence apply to the Government 
for the acquisition of land to which the Kudikidappu may be shifted. 
F 
Section 2{ 43) defines person which includes a company etc. Therefore, the 
Society which is registered under the Society Registration Act doing 
charitable work, namely, orphanage by nuns and sisters is a person within 
the meaning of s.2{43) of the Act. Thereby, under sub-s.{3) read with 
sub-s.(2) of s.75 of the Act, the appellant is entitled the land to construct 
G building for orphanage when they intend to seek possession from 
Kudikidappu Karan. 
They required the Government to acquire the land to which 
Kudikidappu Karan may be shifted. It is stated across the bar that the 
appellant has already offered attractive accommodation to the respon-
H dents. 1n paragraph 7 it is stated that the Special Tehsildar accordingly 
' 
INFANT JESUS FRANSICAN CLARIST CONVENT v. AMBI KUNJUMON 3 
after notice to the parties with the assistance of the Revenue Inspector and A 
Village Officer measured out the site and fixed up the shifting expenses at 
Rs. 8000. Thereafter, a Draft sale deed was prepared and on approval of 
the draft by the Tribunal the appellant registered the sale deed in favour 

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