GOPALAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) Janaki Amma, a landlord, filed an application in 1965 for resumption of land from her tenant Gopalan Nair, under S.16 of Act I of 1964 as it then stood. The Section permitted resumption for cultivation by the landlord or a member of his family, from tenants in possession of excess land, subject to the condition that the extent of land in the landlord's possession should not exceed the ceiling area and that in the tenant's possession should not be reduced below his ceiling area. The Land Tribunal allowed the application on 15-5-67. The tenant appealed, and by order dated 23-11-70 the Appellate Authority remanded the matter for fresh disposal by taking note of the revised ceiling provisions introduced by the amending Act 35/69. The Land Tribunal reconsidered the matter, found that the applicant landlord was not in possession of any land and that the tenant was having 9.44 standard acres as excess. Accordingly 9. 44 acres were ordered to be surrendered by order dated 17-3-75. The tenant again appealed, but this time without success. Hence this revision by him.

(2.) Janaki Amma passed away while the appeal of 1975 was pending, and her legal representatives were brought on record by the Appellate Authority. Gopalan Nair also is no more, and his legal representatives are additional petitioners 2 to 6 herein.

(3.) The following points are raised on behalf of the tenant: