LAWS(KER)-2014-11-61

K. KAMALAM Vs. THE TALUK LAND BOARD

Decided On November 14, 2014
K. Kamalam Appellant
V/S
The Taluk Land Board Respondents

JUDGEMENT

(1.) FOUR brothers by name, i) Achutha Bhaskar, ii) Sivagiri iii) Parasuraman and iv) Balakrishnan divided their ancestral property amongst themselves. The partition is evidenced by a Deed (Document No. 806/1968, SRO, Palakkad) dated 12.1.1968. The property scheduled as 'A' thereunder was allotted to Balakrishnan and property scheduled as 'B' thereunder was set apart jointly to the share of the remaining three brothers. It should be stated that the property scheduled as 'C' thereunder was kept in common over which all the four brothers had one -fourth share each. Ceiling proceedings initiated against Balakrishnan has become final holding that he has no excess lands to surrender. The proceedings initiated against the other 3 brothers were the subject matter of C.R.P. No. 307/2007 on the file of this Court.

(2.) THIS Court by order dated 20.2.2008 remanded the ceiling cases to the Taluk Land Board with the following directions: -

(3.) HEAVY reliance is placed on the report of the Special Deputy Tahsildar dated 15.3.2000 to show the extent of property vested as private forest and also the extent of property in the possession of others. The application put in by the petitioners before the Rubber Board as well as their acknowledgment are relied on to contend that the rubber plantation extends to 45 acres. The documents though said to have been produced before the Taluk Land Board are produced along with the memorandum of Civil Revision Petitions also. The petitioners assert that about 45 acres of land was planted with rubber even before 1.4.1964 and are liable to be exempted.