STATE OF KERALA Vs. FR. XAVIER KARUVALLIL

JUDGEMENT

(1.) This revision is filed by the State of Kerala challenging the order dated 30.6.2009 of the Taluk Land Board (for short "TLB') exempting an extent of 1 acre 02.750 cents of land under S. 7E of the Kerala Land Reforms Act and directing surrender of 49.250 cents. Short facts involved in the above revision disclose as under:

(2.) In the impugned order, it is stated that Father Xavier Karuvallil had obtained title in respect of 41 cents of land in Sy. No. 1036/5 as per sale deed No. 2932/1981 dated 10.6.1981 from Smt. Mary Gosmi, wife of Peter. Similarly, Sri. Innocent @ Ignatious had acquired right in respect of 41 cents of land in Sy. No. 1036/5 as per sale deed dated 18.1.1982 registered as document number 128/82 from Smt. Mary Gosmi, wife of Peter. Another claimant Mary, wife of Innocent, has obtained title in respect of 21.750 cents in Sy. No. 1036/4 as per sale deed dated 15.6.1981 registered as document No. 2933/1981 from Smt. Mary Gosmi. The prior title referred is the gift deed dated 10.11.1970 in favour of Mary Gosmi. What was considered was whether the said persons are entitled for protection under S. 7E of the Act. It is found that an extent of 1 acre 2.750 cents in the possession of Father Xavier Karuvallil, Sri. Innocent @ Ignatious and Smt. Mary Innocent are liable to be exempted and the balance land alone has to be surrendered by the declarant.

(3.) Impugning the above order, it is contended by the State that the respondents were not entitled for any exemption under S. 7E of the Act on account of two reasons. One is that the transferees, viz., respondents 1 to 3 herein, have not obtained the property from the declarant, who is the 4th respondent herein whereas they have acquired the property from Smt. Mary Gosmi, the declarant's mother, who had assigned the property on the basis of a gift deed which has already been found to be invalid by the TLB and secondly, the claimants have not established their claim by approaching the Land Tribunal as provided under S. 106B of the Act. Hence, it was contended that the TLB committed serious illegality and irregularity in the matter relating to exercise of jurisdiction to exempt the aforesaid land from ceiling proceedings.