RAMANATHA REDDIAR Vs. TALUK LAND BOARD

JUDGEMENT

(1.) A Division Bench of this Court has referred these Civil Revision Petitions to the Full Bench doubting whether the decision of this Court in Fr. Avirah v. State of Kerala ( 1981 KLT 474 ) went against an earlier decision of a Full Bench of this Court reported in Kesavan Namboodiri v. State of Kerala & Others ( 1976 KLT 427 (FB)). Sub-section (1) of S.84 of the Kerala Land Reforms Act, (Act 1 of 1964) as amended by Act 35 of 1969 (hereinafter referred to as the Act) reads as follows:

(2.) This position is made clear by the dictum laid down by the Supreme Court in the decision reported in Mathew and Others v. Taluk Land Board ( 1979 KLT 601 ( AIR 1979 SC 1573 ). In Para.38 at page 1582 of the report it is observed:

(3.) The revision petitioners in C.R.P.No.2906 of 1979 put forward another contention that inasmuch as the land was held by a joint family, the extent of land which such family was entitled to hold could not be equated to that of a statutory family consisting of husband, wife and their unmarried minor children or as such of them that existed as defined in S.2 (14) of the Act. According to S.82 of the Act, the ceiling area of land shall be: