VELAYUDHAN Vs. TALUKA LAND BOARD

JUDGEMENT

(1.) The questions involved in this Revision are:

(2.) Ceiling proceedings were initiated in S.M. No. 1407/1978, Taluk Board, Palakkad against the declarant, namely, Balakrishnan. The statutory family of the declarant consisted on his wife and four children. The Taluk Land Board passed final order holding that the declarant is liable to surrender excess land. The matter did not become final as the declarant filed revisions after revisions against successive orders passed by the Taluk Land Board. Four Civil Revision Petitions were filed by the declarant, the last of which was disposed of on 04-08-1999 in C.R.P. No. 1551 of 1999. The matter was thus concluded by holding that the declarant is liable to surrender an extent of 4.26 acres.

(3.) On 10-08-1999, the revision petitioner, who is the son of the declarant and who is also included as a member of the statutory family of the declarant, filed an application under Section 85(8) of the Kerala Land Reforms Act claiming title under a gift deed dated 27-11-1975 executed in his favour by the declarant. The Taluk Land Board rejected the claim petition as per the order impugned in this revision stating that the declarant did, not raise any contention that he had executed a gift deed in favour of the claimant.