ARYA ANTHARJ ANAM Vs. STATE OF KERALA

JUDGEMENT

(1.) This is a revision against an order directing the petitioners to surrender excess land determined under the provisions of the Kerala Land Reforms Act. The return was filed by one Neelakantan Bhattathiripad representing his family consisting of himself and his wife. He filed a return on 13-12-1970. Subsequently he died. That was on 15-11-1971. By his death his widow became the sole surviving member of the family. To the draft statement objections were raised by the legal representatives of the deceased that being his widow and children. They are the petitioners in this revision petition Mainly two objections were raised. One of them was that the declarant having died and the properties having devolved on his widow and children the obligation to file the return thereafter would be only under S.87 of the Act which is the provision requiring surrender by persons acquiring any land after the notified date by gift, purchase, mortgage with possession, lease, surrender or any other kind of transfer inter vivos or by bequest or inheritance or otherwise and inconsequence thereof, the total extent of land owned or held by such person exceeds the ceiling area. The purport of this contention appears to be that on the death of the person who is liable to surrender excess land held on 1-1-1970 the legal heirs are under no duty to surrender excess land and in their case the obligation to surrender land is only that envisaged under S.87. If that be the case and if the land inherited by each one of the heirs is less than the ceiling limit there could be no obligation to surrender. This assumption is not justified by the language of S.83 and S.85(1) of the Act.

(2.) The land is held by the family as defined in S.2(14) of the Act. Such family in the case here consists of the husband and wife only and on the death of the husband the wife continues to represent the family as the sole surviving member thereof. Therefore the ultimate decision must relate to the extent of land to be held by that family and not by any legal representatives

(3.) it may also be seen from S.83 as well as S.85(1) of the Act that the obligation to surrender excess land is with regard to excess owned or held by a person as on the notified date referred to in S.83. Therefore, if on 1-1-1970 any person holds land in excess of the ceiling area the obligation to surrender is incurred and that is what is to be determined. The determination under S.86(1) of the extent and other particulars of the lands to be surrendered under S.85 is the excess as on 1-1-1970. Therefore, the death of the declarant makes no difference in the obligation to surrender excess land.