Section 78 in Kerala Land Reforms (Tenancy) Rules, 1970
78. Time for application to require kudikidappukaran to purchase another portion and procedure thereon.
(1)The application under sub-section (9) of section BOA by the person in possession of the land in which the kudikidappu is situate shall be made within thirty days from the date fixed for his appearance before the Land Tribunal in the notice duly served ort him under sub-rule (2) of rule 79.(2)The application shall be in writing setting forth all the grounds on which he claims his relief and shall be accompanied by a rough sketch of the land in which the kudikidappu is situate showing the location of-(a)the kudikidappu to which the application for purchase relates;(b)other kudikidappus, if any, on the land;(c)buildings, if any, in the land; and(d)other particulars, if any, material to elucidate such grounds,(3)An additional copy of the application and the rough sketch and other particulars, if any, material to elucidate such grounds shall also be furnished to the Land Tribunal for service on the kudikidappukaran,(4)The Land Tribunal shall give notice of the application to the kudikidappukaran, specifying the date to which the application is posted for hearing, together with the copy of the application and the rough sketch.(5)The Land Tribunal shall thereafter conduct such summary enquiry as he deems fit and after giving the applicant and the kudikidappukaran a reasonable opportunity of being heard, pass such order as it thinks fit,(6)Where the Land Tribunal requires the kudikidappukaran to purchase another portion, it shall arrange for the option to be exercised by the kudikidappukaran within such time as is allowed by the Land Tribunal and in the presence of a member of its staff deputed for the purpose, and. as far as practicable in the presence of the applicant and two witnesses.(7)The member of the staff of the Land Tribunal deputed for the purposes of sub-rule (6) shall, in a sketch to be drawn by him of the land in which the kudikidappu is situate, mark the portion for which option is exercised, obtain the signature of the kudikidappukaran and the witnesses, if any, and also of the applicant in cases where The Option is exercised with his Consent.(8)The Land Tribunal shall on perusal of the sketch and the report, if any, of the member of its staff, or. where such member reports that the kudikidappukaran failed to exercise the option, on perusal of such report, and after giving the applicant and the kudikhdappukaran a reasonable opportunity of being heard, pass such order as it thinks fit.(9)Where the Land Tribunal holds that the option exercised is in accordance with the provisions of sub-section (9) of Section 80A. it shall, in the application for purchase, determine the market value of the portion of the land so opted and proceed to pass orders under sub-section (3) of Section 80B.(10)Where the Land Tribunal holds that the kudikidappukaran has failed to exercise the option or that the option exercised is not in accordance with the provisions of subsection (9) of Section 80A, it shall dismiss his application for purchase under subsection (3) of Section 80B.
