Mother
Superior, Infant Jesus Fransicanclarist Convent, Eng Vs. Ambi Kunjumon &
Ors [1995] INSC 764 (30 November 1995)
Ramaswamy,
K.Ramaswamy, K.Majmudar S.B. (J)
CITATION:
1996 SCC (7) 173 JT 1995 (9) 21 1995 SCALE (7)250
ACT:
HEAD NOTE:
O R D
E R
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 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 or 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 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. 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 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 respondents. In paragraph 7 it is stated that
the Special Tahsildar accordingly after notice to the parties with the
assistance of the Revenue Inspector and 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 of the Kudikidappu Karan in respect of the
site measured and set out by the Tahsildar. Under these circumstances, the
appellant had clearly complied with the provisions of the Act and entitled to
construct the building for orphanage and the residence of nuns and sisters. The
appeals are accordingly allowed. The respondents are at liberty to take the
expenses of Rs.8000/- per each of the two huts and construct the huts in the
alternative site given by the appellant. The respondents are also at liberty to
withdraw Rs.4,000/- directed to be deposited by the appellants in the Registry
of this Court. Counsel for the respondents are at liberty to deduct his fee and
give the balance to the respondents, if any.
Back
Pages: 1 2
