KURIAN Vs. TALUK LAND BOARD

JUDGEMENT

(1.) This revision is directed against the order passed by the Taluk Land Board, Quilandy on 24-11-1983. Learned single Judge before whom the case came up for hearing referred the case to a Division Bench.

(2.) This case involves interpretation of the provisions relating contained in Chapter HI of the Kerala Land Reforms Act, 1963 (for short 'the Act'). Under S.83 of the Act with effect from such date as may be notified by the Government, no person shall be entitled to own or hold or to possess under a mortgage lands, in the aggregate in excess of the ceiling area. Government notified, the date as 1-1-1970. As on that date petitioner's family consisted of himself, his wife and six minor children. Under S.82(1)(a) of the Act, ceiling area for this family (which we may call statutory family) is thirteen standard acres subject to the limit of twenty ordinary acres. In prior proceedings Taluk Land Board as per order dated 24-2-1983 held that this family had 15.43 acres of land equivalent to 11.49 standard acres as on 1-1-1970 and the family did not own or possess land in excess of the ceiling area and the proceedings were dropped. The order took into consideration the fact that 1.53 acres of single crop land equivalent to 51 standard cents had been acquired by Kurien by registered document No. 1149/74, but that has to be excluded in determining the land held by the statutory family as on 1-1-1970. This order was followed by fresh proceedings initiated under S.87 of the Act which requires subsequent acquisitions of parties to be taken into consideration and excess land to be determined. It has to be noticed that just before the acquisition in 1974, two of the minor children attained majority and one of the minor children died. The Taluk Land Board by the impugned order determined extent of land held or possessed by the statutory family to be 16.46 acres. The Board took the stand that as on the date of acquisition statutory family consisted only of five members and therefore they are entitled to hold only ten standard acres subject to a minimum of 12 and maximum of 15 ordinary acres of land under S.82(1)(b) of the Act and held that the statutory family had excess land of 1.84 standard acres equivalent to 2.89 1/2 ordinary acres and directed petitioner to surrender the excess land. This order is challenged in the revision.

(3.) Learned counsel for the revision petitioner contended that though the scheme of the provisions in Chapter III of the Act is to ensure that an individual or a family does not own or possess land in excess of the ceiling area on 1-1-1970 or at any time thereafter, ceiling area for an individual or a family fixed as on 1-1-1970 cannot fluctuate on account of decrease or increase in the number of members of the family, that even while dealing with subsequent acquisition under S.87 of the Act ceiling area of the statutory family must be taken to be the ceiling area as on 1-1-1970 and not as on the date of acquisition. Learned counsel further contended that while there is no objection to the Board examining by virtue of S.87 of the Act the question whether by the subsequent acquisition in 1974 statutory family has come to own or hold land in excess of the ceiling area, ceiling area must be taken to be the one as on 1-1-1970 and any later fluctuation in the composition or strength of the family must be ignored as the Act does not contemplate successive computation of the ceiling area on account of natural changes in the composition of the statutory family. Learned Government Pleader attempted to rebut these submissions and argued that according to the scheme of S.87, when on account of subsequent acquisition land owned or held by a family exceeds the ceiling area, the family is bound to surrender the excess land and for the purpose of determining whether including the subsequent acquisition the family has come to own or hold land in excess of the ceiling area, ceiling area must be determined with reference to the strength of the family as it existed on the date of acquisition and not as on 1-1-1970.