TALUK LAND BOARD KOZHIKODE Vs. BABUCOMMEN THOMAS

JUDGEMENT

(1.) Leave granted.

(2.) Respondents admittedly had purchased cashew nut estate on April 16, 1989. The State Government of Kerala introduced the Land Reforms Bill, 1963 on April, 1064. One of the clauses relates to taking away exemption of cashew nut estate of its conversion from the purview of the Kerala Land Reforms Act, 1963 (for short,'The Act'). The Bill was made Act 35 of 1969 with effect from January 1, 1970. Section 82(4) of the Act declares that where after the commencement of the Act, any class of land specified in Schedule II has been converted into any other class of land specified in that Scheule or into explantation, the extent of land liable to be surrendered by a person owning or holding such land shallbe determined without taking into consideration such conversion. Section 84(1) reads thus:

(3.) Thr voluntary sale is not one of the exempted transfers mentioned in Section 84(1). On the other hand, all voluntary transfers other than those excepted, should be deemed to be transfers calculated to defeat the provisions of the Act and should be invalid. The question, therefore, is whether the land purchased by the respondent was intended to defeat the purpose of the Act and is invalid.