CHINNAMARAPPA KOUNDEN Vs. TALUK LAND BOARD PALGHAT

JUDGEMENT

(1.) By the order sought to be revised, the revision petitioner was directed under the provisions of the Kerala Land Reforms Act, 1 of 1964, to surrender 13.35 acres of land, that being excess land in his possession.

(2.) According to his counsel 15.43 acres of land has to be excluded in calculating the total extent of the lands in his possession as he had gifted it after 1-1-1970 to his two daughters. The Full Bench decision of this court in Ayidru v. State of Kerala 1976 KLT 362 is against the position he contends for. So the request for exclusion of 15.43 acres of land is refused.

(3.) The only other matter pressed by counsel was about exemption of the entire 29.75 acres of land found in the possession of the revision petitioner on the ground that he had mortgaged it to a Cooperative Land Mortgage Bank and so it deserved exemption under S.81(1)(h) of the Act. Under S.1(3) of Act 1 of 1964, the provisions of the Act should be taken to have come into force on such date as the Government may, by notification in the Gazette appoint. As per that provision S.81 came into force on 1-4-1964. The exemption contained in S.81(1)(h), as per the proviso to it, ceased to be operative on the expiry of three years after the commencement of the Act. Therefore, read along with S.1(3) of the Act, it ceased to be operative from 31-3-1967.