LAWS(SC)-1992-12-42

K A PAUL Vs. TALUK LAND BOARD ALATHUR

Decided On December 15, 1992
K A Paul Appellant
V/S
Taluk Land Board Alathur Respondents

JUDGEMENT

(1.) The short question which arises for consideration in this appeal is whether a deed of gift executed after 1/01/1970 by a person in favour of two sons of her husband by his first wife is attracted by the validating provision contained in Ss. (I-A) of Section 84 of the Kerala Land Reforms Act, 1963 (Act I of 1964. The facts are not in dispute. The only point for decision is whether the expression 'son or daughter' includes a stepson or a stepdaughter.

(2.) Appellants 1 and 2 are the donees and appellant 3, who is their stepmother, is the donor. The deed was executed between 1/01/1970 and 5/11/1974, which is the crucial period to attract the validating provision contained in Ss. (I-A).

(3.) Section 84 declares certain voluntary transfers to be null and void. However, the section was amended by Act 19 of 1979 inserting Ss. " (I-A) which, insofar as it is material, reads: