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Judgment
M.M. PUNCHHI, J.-This appeal is directed against an order made by the High Court reversing the view taken by the authorities constituted under the Kerala Land Reforms Act. The principal contention advanced on behalf of the respondent before the High Court was that the appellant before us cannot claim kudikidappu right in the property as she has other properties in her possession. The document relied upon in support of this contention was the Gift Deed No. 642 of 1945 which had been executed by brother of the appellant in favour of the appellant. However, the High Court lost sight of the fact that under the gift deed what had been conveyed was only an intermediary right which also stood vested in the Government under the Kerala Land Reforms Act under Section 72 thereof. Therefore, no right was available under the gift deed. In the circumstances, the view taken by the authorities under the Land Reforms Act was in order and no interference was called for by the High Court. In that view, we allow the appeal, set aside the order made by the High Court and restore the order of the first appellate authority.
The appeal is allowed in the above terms.