Judgment :- 1. The short point that arises for consideration in this Civil Revision Petition filed by the respondent in O. A. No. 1011 of 1970, an application for purchase of kudikidappu under S.80B of the Kerala Land Reforms Act,1 of 1964. for short the Act, on the file of the Land Tribunal No. I, Chirayinkil is whether notice should be issued to the land-owner in an application for purchase of kudikidappu even if the person in possession of the land (a life estate holder) is made a party to the proceedings. The original application was filed by the 2nd respondent herein for the purchase of his kudikidappu. The revision petitioner who was the sole respondent filed her written objections pointing out that she is only a life-estate holder and under the partition deed produced along with the written objections the real owner of the land is somebody else. Other contentions also were taken by the revision petitioner before the Land Tribunal. The Land Tribunal held that the 2nd respondent is a kudikidappukaran who is entitled to purchase his kudikidappu 10 cents in extent. 2. The above order of the Land Tribunal was challenged by the appellant before the Appellate Authority (Land Reforms), Alleppey. The Appellate Authority dismissed the petitioner's appeal and in dismissing the same it also held: 'The other contention that the appellant alone is not the person interested in the property and therefore the application is bad for non joinder has also no force as admittedly the appellant has a life interest and she is thus in possession. It is unnecessary to implead the other persons at this stage. So the application is not bad for non joinder." The above judgment of the Appellate Authority is challenged by the petitioner in this Civil Revision Petition. 3. S.80B of the Kerala Land Reforms Act 1 of 1964 reads: "80B. Procedure for purchase by kudikidappukaran: (1) A kudikidappukaran entitled under S.80A to purchase the kudikidappu occupied by him and lands adjoining thereto may apply to the Land Tribunal for such purchase. (2) An application under sub-section (1) shall be in such form and shall contain such particulars as may be prescribed.
Procedure for purchase by kudikidappukaran: (1) A kudikidappukaran entitled under S.80A to purchase the kudikidappu occupied by him and lands adjoining thereto may apply to the Land Tribunal for such purchase. (2) An application under sub-section (1) shall be in such form and shall contain such particulars as may be prescribed. (3) The Land Tribunal shall, after giving notice to the kudikidappukars in the land in which the kudikidappu is situate and other persons interested in the land and after such enquiry as may be prescribed, pass such orders on the application as it thinks fit: Provided that where an application under sub-section (1) of S.77 in respect of the kudikidappu is pending, the Land Tribunal shall not pass any order under this sub-section before the disposal of that application. (4) (5) (6) (7) Rule 79 of the Kerala Land Reforms (Tenancy) Rules, 1970 for short the Rules, reads: 79 Application for purchase of kudikidappu and procedure thereon. (1) The application under sub-section (1) of S.80B shall be in Form No. 41. (2) On receipt of an application referred to in sub-rule (1), the Land Tribunal shall issue notice of such application in Form No. 42 to the person in possession of the land in which the kudikidappu is situate, the land owner and the intermediaries, if any. in respect of such land, the holder of encumbrance, if any, charged on the right, title and interest of the land owner or intermediaries or the person in possession of such land, the person, if any, entitled to maintenance or alimony charged on such right, title and inter est and other kudikidappukars, if any, in such land and, where the but belongs to any person other than the land owner, intermediary or person in possession of the land to such person also., (3) .......................... Columns 12,13 and 14 of Form No. 41 in which the application for purchase of kudikidappu is to be filed, read: "12. Name and address of the person in possession of the land in which the kudikidappu is situate. 13. Name and address of the land owner of the land in which the kudikidappu is situate (so far as known to the applicant). 14. Name and address of the intermediaries, if any, in the land in which the kudikidappu is situate (so far as known to the applicant)." Rule 92 (3) of the Rules reads: "92 (3).
13. Name and address of the land owner of the land in which the kudikidappu is situate (so far as known to the applicant). 14. Name and address of the intermediaries, if any, in the land in which the kudikidappu is situate (so far as known to the applicant)." Rule 92 (3) of the Rules reads: "92 (3). The Land Tribunal shall also have the power to add as parties the legal representatives of a deceased party in any proceedings pending before it; and the provisions of Order XXXII of the First Schedule to the Code of Civil Procedure, 1908, shall, as far as may be, apply to the proceedings for impleading the legal representatives." Column 4 of the Schedule to Form 43 in which the certificate of purchase of kudikidappu is to be issued reads: "Name and address of the land owner whose right, title and interest are purchased." As per S.80B of the Act, the Land Tribunal is bound to give notice to all persons interested in the land on an application for purchase of kudikidappu. As the revision petitioner is only a life-estate holder, it goes without saying that the real owner of the land is somebody else. As per Form No. 41 in which the application for purchase of kudikidappu is to be filed before the Land Tribunal, the kudikidappukaran¬applicant need only give the name and address of the land-owner if he is aware of the same. So, in a case where he does not know that there is a real owner of the land other than the person in possession he need not give the name and address of that real owner, but when the person in possession (a life estate holder) contends before the Land Tribunal that the real owner is somebody else, the Land Tribunal will have to issue notice to that person because under S.80B (3) the Land Tribunal is bound to give notice to all persons interested in the land and only after that it can pass orders on the application for purchase. In that case, when it is brought to the notice of the Land Tribunal that there is a real owner of the land other than the person in possession the next thing that the Land Tribunal should do is to issue notice to that person.
In that case, when it is brought to the notice of the Land Tribunal that there is a real owner of the land other than the person in possession the next thing that the Land Tribunal should do is to issue notice to that person. Without issuing notice to him and without affording him an opportunity of being heard, the Land Tribunal cannot dispose of the application for purchase. It cannot be forgotten that the right to be purchased in an application for purchase of kudikidappu includes the right of the real owner of the land also. It is clear from S.80B(7) and 80E and Form No. 43; that the land-owner is also entitled to a portion of the purchase price. R.92 (3) of the Rules which deals with the impleading of parties cannot in any way stand in the way of the Land Tribunal issuing notice to a person interested in the land even if the fact that he is interested in the land is brought to the notice of the Land Tribunal only in the course of the proceedings. In this case, the Land Tribunal did not issue notice to the real owners even after it was brought to its notice by the revision petitioner who produced before it the partition deed which contained the name and address of the real owners. This is against the mandatory provisions contained in S.80B (3) of the Act. Hence the order of the Land Tribunal allowing the application for purchase is hit by S.80B (3) of the Act. In view of the above conclusion I am not considering the other contentions raised by the revision petitioner. They are left open. The Appellate Authority was in the wrong in confirming that order. 4. In the result, the judgment of the Appellate Authority challenged in this Civil Revision Petition is set aside and the Land Tribunal I, Chirayinkil is directed to consider O.A. No. 1011 of 1970 afresh in the light of what is said in this order and pass fresh orders. The Civil Revision Petition is allowed as above. There will be no order as to costs. Allowed.