SIVARAMAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) AN interesting question is raised for decision in this case and that is, whether, a person, holding land in excess of the ceiling limit, alienating pepper garden belonging to him prior to 1- 1-1970, is entitled to claim that the area of such pepper garden alienated by him shall not be included in the total area of land held by him or in his possession reckoned for the purpose of determining the extent of land to be surrendered under S.85 of the Kerala Land Reforms Act.

(2.) THE revision petitioner owned 42.30 acres of land. This included 13.15 acres of pure pepper garden, as defined in Explanation I to S.81 (1) (g) of the Kerala Land Reforms Act 1 of 1964 (hereinafter called the Act'. He alienated this under a sale deed dated 9 1 1968, with the result what was left with him was 29 acres 15 cents of land. Out of this 7 acres of land is rubber plantation and 55 cents is house site. THErefore these areas have to be excluded in determining the ceiling limit. So calculated, the balance would be 21 acres 30 cents. THE revision petitioner's family consists of more than 5 members and therefore the maximum permissible is 20 acres of land under S.82 of the Act as it stands now. He will be liable to surrender only 1.30 acres if the area of pepper garden alienated on 9 1 1968 is not to be taken into account in determining the total area. Even with regard to this 1.30 acres the revision petitioner's contention is that it need not be surrendered because he has licence from the Rubber Board to plant 2.50 acres and further that 55 cents of land more is required for house site. If this too is excluded, according to him, the balance will be below the ceiling area.

(3.) S.84 of the Kerala Land Reforms Act prior to 1 1 1970 stood thus: