L. V ASANTHA KUMARI versus BALAMMAL AND ORS.

L. V ASANTHA KUMARI versus BALAMMAL AND ORS.

Appellant is a deemed Kudikidappukaran within the meaning of Explanation II-A to Section 2(25) of the Kerala Land Reforms Act, 1964, based on admitted facts and statutory interpretation; therefore, not liable to be ejected by the decree.

Parties
Appellant: L. V. Asantha Kumar; Respondents: Balammal and Ors.
Jurisdiction
India
Judgment Date
30 November 1994
Procedural Posture
Civil Appeal / Appeal Against Judgment and Order of Kerala High Court in Second Appeal No. 686 of 1978 C
Outcome
Appeal allowed. Suit dismissed.
Legal Topics
Kudikidappukaran, Meaning Under Kerala Land Reforms Act, Statutory Interpretation
Property Law Kudikidappukaran Meaning Under Kerala Land Reforms Act Statutory Interpretation

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Parties

L. V. Asantha Kumar

Appellant

Balammal and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal Against Judgment and Order of Kerala High Court in Second Appeal No. 686 of 1978 C

Legal Issues

  1. 1 Whether appellant is deemed Kudikidappukaran within the meaning of Explanation II-A to Section 2(25) of the Kerala Land Reforms Act, 1964

Ratio Decidendi

Appellant is a deemed Kudikidappukaran within the meaning of Explanation II-A to Section 2(25) of the Kerala Land Reforms Act, 1964, based on admitted facts and statutory interpretation; therefore, not liable to be ejected by the decree.

Court Disposition

Appeal allowed. Suit dismissed.

Orders

  • The decree granted by the trial court and affirmed by the High Court is set aside.
  • The suit is dismissed.