PUSHPAVATHI BAI Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) this petition is directed against an order made by the land tribunal on 5-2-1987 by which the petitioner has been declared to have 3 acres 27 guntas of d' class land in excess of the ceiling limit and directed the petitioner to surrender the same in terms of Section 67(2) of the Karnataka Land Reforms Act, 1961 (hereinafter referred to as the act).

(2.) the case of the petitioner is that as on 1-3-1974 she did not have any land in excess of the ceiling limit as she possessed only 19 acres 5 guntas of land coming under 'd' class. It is only subsequently under the will of Smt. Neelawa, her grandmother, she having got certain lands as a legatee and the said neelawa having died on 21-2-1976, the petitioner in terms of Section 66(l)(b) of the act filed a declaration on 20th July 1977. The tribunal enquired into the matter and taking into consideration that the family consisted of only two children as on 1-3-1974 and thus including the petitioner and her husband it held that there were only four members and that the other members are born subsequently and prior to 21-2-1976 could not be taken note of. It is of the view that the petitioner has excess of lands and called upon the petitioner to surrender the same. The tribunal based its view on the decision of this court in abdul khadar v land tribunal. This order is called in question in this petition.

(3.) from the findings of the tribunal and the contentions advanced before this court, the question that arises for consideration is: