SANKARA GUPTAN Vs. PADMANABHAN

JUDGEMENT

(1.) In this revision petition the question that arises for determination turns on the interpretation of the explanation to S.2(52) of the Kerala Land Reforms Act 1963.

(2.) The bare facts necessary may be stated. The revision petitioners were admittedly tenants of lands which exceeded the ceiling limit provided by the Act. The tenancy of ten items of properties was created by a tarwad of which the first respondent herein was a member by document dated 28-4-1893 and that tarwad also admittedly owned or possessed or had interest in land exceeding the ceiling limits provided under the Act. So the tarwad which is also a person as defined in the Act was not a small holder under the Act. In that tarwad a partition took place on 1-9-61 and the property in the A schedule in the partition deed, Ext. A1, having an extent of 8. 59 acres was allotted to the first respondent. On the 30th June 1970 the first respondent made an application under S.16A of the Kerala Land Reforms Act for resumption of the land. A preliminary objection was taken by the revision petitioners that the application was not maintainable in view of the explanation to S.2(52) of the above Act. This objection was negatived both by the Land Tribunal and the Appellate Authority on the basis of the decision of the Full Bench of this court in C R.P. No. 898 of 1966.

(3.) We shall now turn to S.2(52) and the explanation and shall extract them.