GOVINDA PILLAI Vs. TALUK LAND BOARD

JUDGEMENT

(1.) The declarant is the petitioner. The order sought to be revised, of the Taluk Land Board, Kottarakkara, directs him to surrender an extent of 12.29.200 acres of land as excess. The petitioner challenges the order claiming exemption over further extents of land.

(2.) The purpose for which the case was referred to the Full Bench, namely to consider the scope and effect of S.84(1A) of the Land Reforms Act, 1963 does not exist now. The Taluk Land Board itself had proceeded on the basis that the petitioner was entitled to exclude the lands covered by the gifts executed by him in the year 1970 from his accountable holdings, though it disallowed a part of the claim for another reason, with which we shall be dealing later. There was besides no quarrel from the side of the respondents on the scope of S.84(1A)and they were at one with the petitioner, at the time of hearing, that the extent of lands covered by the gifts of 1970 ought to be excluded in reckoning the holdings of the petitioner as on 1-1-1970. We have also examined the position relating to S.84(1A) in our judgment in C.R.P. No.3497 of 1982, upholding the contention of the declarants. In the circumstances it is only necessary to consider the various claims made by the petitioner for further exclusions/exemption. We proceed to do so.

(3.) The declarant's case all along has been that the marriage took place in 1099 MR It has been stated so even in the grounds of revision in this court. The respondents have filed a counter affidavit in this court in which various other points raised in the grounds of revision, are traversed. But there is no denial of the petitioner's assertion that his second marriage took place in 1099. From the materials available on record, it has to be held that the second marriage took place in 1099 at a time when there was no prohibition to the second marriage of a Nair male in the Travancore area. In that event, the lands covered by the gift deeds, document Nos. 171 and 172 are liable to be excluded in the computation of the ceiling area.