MALAN Vs. TALUK LAND BOARD

JUDGEMENT

(1.) COULD Viswamohan, the adopted son of Malan, the declarant under S. 85a of the Kerala Land Reforms Act, for short the Act, be treated as a member of his statutory 'family' as defined in S. 2 (14) of the act? This question was answered in the negative by the Taluk Land Board, palghat, in its order dated 2-7-1976 made in Ceiling Case No. L. B. 313/73, whereunder the revision petitioner, the declarant, was directed to surrender an extent of 7. 43 acres of land determined to be the extent of land held by him, as the sole surviving member of the family, in excess of the ceiling area as specified under the Act; and that has given rise to this revision under S. 103 of the Act at the instance of the declarant.

(2.) THE Taluk Land Board took the view that on a true interpretation of S. 2 (14) of the Act, the adopted son has no place in the statutory family of the revision petitioner, inasmuch as the 'family 'in terms of the definition means "husband, wife and their unmarried minor children or such of them at exist;"

(3.) 'the counsel then submitted that the Taluk Land Board granted only 25 cents in Sy. No. 181/2a for the Ayyappan temple against a claim for 50 cents; only 40 cents as house site as against a claim for 61 cents in Sy. No. 185/ B-4; only 10 cents as burial ground in Sy. No 133a/5 as against a claim for 40 cents; and only 37 cents as against a claim for 68 cents as house site in Sy. No. 186/b8. In all these masters, the extents required, or allowed, being a question of fact, I do not propose to interfere with the decision of the Taluk Land Board on these questions.