STATE OF KERALA Vs. K A GANGADHARAN

JUDGEMENT

(1.) This appeal is by special leave from the judgment dated 10 October, 1974 of the High Court of Kerala.

(2.) The respondent in the High Court challenged the order of the Land Board directing him to surrender 8.78 acres of land. The High Court declared on a revision petition that the respondent was not liable to surrender the lands specified in the order of the Land Board.

(3.) The respondent filed a statement under Section 85 (a) of the Kerala Land Reforms Act, 1964 hereinafter called the Act and showed there that the statement related to the family consisting of himself, his wife and children. Two of his children were minors on 1 January, 1970. The ceiling area allowed under Section 82 (1) of the Act for a family consisting of two or more but not more than five members is 10 standard acres which should not be less than 12 and more than 15 ordinary acres in extent. On this footing the respondent would be entitled to have not less than 12 acres on the notified date, namely, 1 January, 1970. He was found to have a total area of 28.38 acres. He alone was the owner of all the lands. Out of 28.38 acres 3.87 acres were exempted under Section 81. Excluding 3.87 acres and another 12 acres for the ceiling area the excess land was 12.51 acres. A statement showing the determination was served on him and his wife. They were asked to file objections.