T.MUKUNDAN NAMBOODIRI Vs. TALUK LAND BOARD, KOZHIKODE

JUDGEMENT

(1.) THE revision petitioner claiming to be a member of the "Thamarakulath Illam", was aggrieved by the order in TLB (K)150/81 dated 27-06-1989 passed by the Taluk Land Board, Kozhikode in the ceiling proceedings taken against one Vishnu Namboodiri. Ceiling proceedings were initiated against Vishnu Namboodiri by the Taluk Land Board and eventually after the death of the land owner, with the legal representatives on the party array, the order dated 27-06-1989 was passed directing surrender of an extent of 6.82 1/6 acres of land. In the year 1996, the revision petitioner claiming to be a member of "Thamarakulath Illam" filed an application under Section 85(8) of the Kerala Land Reforms Act, seeking that the order passed in the year 1989 be set aside on the ground that the finding of the Taluk Land Board regarding the ownership and possession of the lands as on 1-1-1970 was erroneous and the land directed to be surrendered was not the individual property of Vishnu Namboodiri but belonged to the 'Illam', a joint Hindu family, in which the revision petitioner is a member. The Land Tribunal after considering the application, rejected the same by order dated 16.10.2007 which is impugned in the above revision.

(2.) THOUGH the entire records were called for and forwarded by the Taluk Land Board to this Court, it is found that the application of the revision petitioner and the original order of 1989 is not available therein. However the argument notes filed by the petitioner is part of the records of the Taluk Land Board and I have called for and verified the judges paper in O.P.No.8610/1996, which was disposed of by the judgment dated 18-10-2003. The application filed by the revision petitioner is seen from the copy produced in the O.P as Ext.P2, to be on 12-03-1996. The original order dated 27-06-1989 has also been produced as Ext.P1 in the above original petition. On going through the original order of the year 1989, it is discernible that in the year 1935, four brothers, viz. Sreedharan, Dhamodharan, Vishnu and Raman along with their mother Parvathi Antharjanam entered into a partition of the joint family properties. The joint family was divided into two; one, under the eldest brother Sreedharan and the other, comprising of the three brothers Damodaran, Vishnu and Raman. Certain amounts were set apart for the mother which was to be paid by both the branches so partitioned. The landed properties of Thamarakulath Illam, hence in 1935 stood partitioned.

(3.) IN the year 1996, the petitioner filed the application under Section 85(8) of the Act claiming that 2.96 acres of land in R.S.No.39/03 in Kumaranelloor Village and 2.65 acres of land in R.S.No.209/03 in Thazhakode Village, both of Kozhikode Taluk, is a joint Hindu family property belonging to "Thamarakulath Illam" and that the partition said to have been effected in the year 1935 is void for the reason of not having included all the members then existing in the family. The revision petitioner in the argument notes filed before the Taluk Land Board also had a specific case that the applicant being a member of the Illam and having not been included in the year 1935 partition deed, the said deed could not have been taken into account by the Taluk Land Board for deciding the ceiling limit of Vishnu Namboodiri individually. The revision petitioner also produced a genealogy showing the descent from one Sreedharan Namboodiri, who was the father of the brothers who effected the partition in 1935. The revision petitioner as per the genealogy claims to be the grandson of Sreedharan, the eldest brother who was a party to the 1935 partition deed. The revision petitioner also produced a number of documents prior to the 1935 partition.