Supreme Court of India · 1966-03-31
KUCHIYAN GOVINDA SWAMI vs KALLIANI AMMA LEKSHMI AMMA AND ORS.
- Citation / case number
- SC 1964/90288
- Court
- Supreme Court of India
- Petitioner
- KUCHIYAN GOVINDA SWAMI
- Respondent
- KALLIANI AMMA LEKSHMI AMMA AND ORS.
Judgment text excerpt
The Supreme Court held that the deed styled 'otti Kuzhikanam deed' did not grant Kuzhikanam rights to the appellant as defined under Section 2(28) of the Kerala Land Reforms Act, 1963. The Court clarified that Kuzhikanam involves the transfer of garden lands with existing fruit-bearing trees for enjoyment, which was not the case here. Additionally, the appellant was not recognized as a holder of Kudiyiruppu under Section 2(26) due to lack of evidence that the building was residential or necessary for the enjoyment of the land. The appeal was dismissed, affirming the lower court's decree for redemption of the property.