STATE OF KERALA Vs. PULIYANGATTU KRISHNAN MASTER

JUDGEMENT

(1.) The State has filed this Civil Revision Petition challenging the order dated 5-2-2000, passed by the Taluk Land Board, Vadakara in the proceedings under Section 87 of the Kerala Land Reforms Act (hereinafter referred to as 'the Act'). As on 1 -1 -1970, the respondent was an adult unmarried person. He married Sobhana on 1 -6-1974. Three children were born in that wedlock on 31-5-1980,30-5-1984 and the last one thereafter. As per document No. 271/89, the respondent acquired certain items of properties. Proceedings were initiated on the basis that as on 1 -1 -1970 the respondent was an adult unmarried person and, therefore, he could not hold more than 7.50 acres of land.

(2.) As per the draft statement, the relevant date for determining the ceiling area was stated to be 1 -1 -1970 and on that basis it was stated that the respondent was liable to surrender 7.98 acres.

(3.) The respondent contended that though he was unmarried as on 1-1-1970, by his marriage a statutory family is constituted, which could hold more extent of land than the extent of land which could be held by an adult unmarried person. The Taluk Land Board considered the objections raised by the respondent and held that the family of the respondent could hold ten standard acres of land subject to a maximum of 15 ordinary acres. Including the acquisition made after 1-1-1970, the respondent was found to be in possession of less than the ceiling limit for the statutory family. Thus the Taluk Land Board came to the conclusion that the respondent is not holding any excess land and he is not liable to surrender any land, which is challenged by the State in this Civil Revision Petition.