AIR 1975 KERALA 32 ::1974 Ker LT 738 ::ILR (1974) 2 Ker 508

Kerala High Court

Hon'ble Judge(s): P. Govindan Nair , C.J. AND V. Balakrishna Eradi, G. Vishwanatha Iyer , JJ

Kerala Land Reforms Act (1 of 1964) , S.2(25)(b), S.79— Kerala Buildings (Lease and Rent Control) Act (2 of 1965) , S.11(1)— "Kudikidappukaran" who is - "Homestead or hut" - Meaning of - Suit for eviction u/S.11(1) - Defendant found not a Kudikidappukaran - S.11(1) of Kerala Rent Control Act not applicable. Words and phrases - "Homestead and hut". A person occupying a portion of a building belonging to another with the latter's permission is not a Kudikidappukaran.(Para 6) A "Kudikidappu" is defined as "the land and the homestead or the hut". A "homestead" according to the definition is a "dwelling house" erected by the person permitted to have the use and occupation of any land for the purpose of such erection. Where a person has been permitted the use and occupation of land for the purpose of erecting a "dwelling house", the dwelling house that is meant to be erected is a single structure. The definition of kudikidappu will comprehend a hut and it is reasonable to give to the expression 'hut' the same character and content as that of a dwelling house. Therefore, a hut also should be understood to mean a "dwelling house" complete in itself and not a place which is merely a part of larger structure which can be used for residential purpose. Section 79 also supports this view. Hence, bearing in mind the definition....