KUDUKKIL CHEMBAT KOMU MOIDEEN Vs. THE DISTRICT COLLECTOR

JUDGEMENT

(1.) According to the petitioners, they are the legal heirs of late Kudukkil Chembat Mohamad Pulikkal. The first petitioner claims to be in possession and enjoyment of 0.8925 acres of property and 3.75 Acres of property in Re.Sy.No.94/2A of Pulikkal Village. The second petitioner is in ownership and possession of 1.1550 Acres of land in Re.Sy.No.5 and the third petitioner is in ownership and possession of 0.8325 acres of property in Re.Sy.No.5 of Pulikkal Village. The above said properties were obtained by the petitioners as per registered gift deed No.2666/1972 executed by their late father in the year 1972.

(2.) It is pointed out that the Taluk Land Board (TLB) concerned had initiated a ceiling case as L.R.No.903 of 1973 against the father of the petitioners for determination of excess land. In the said ceiling proceedings, the assessee (father of the petitioner) had claimed that land gifted as per the above said gift deed has to be excluded but the said prayer was rejected by the Taluk Land Board as per Ext.P1 order dated 26.6.1976 whereby direction was issued to surrender 5.20 Acres as excess land. The petitioners would state that, since the entire 5.20 Acres of property was formed part of a large quarry; the said land was unfit for assignment.

(3.) The land surrendered and taken possession was not covered by the gift deed, but the land surrendered was land other than the one covered by the above said gift deed. Later, much after the issuance of Ext.P1 order dated 26.6.1976, as per Act 27 of 1979, Section 84(1A) was inserted to the Kerala Land Reforms Act as per which the gift executed by the assessee during the period from 01.01.1970 to 05.11.1974 in favour of major and unmarried children and children of pre- diseased children were ordered to be treated as valid. However the assessee had not filed formal application before the Taluk Land Board claiming the benefit of the amended provision in Section 84(1A). Later application under Section 84(1A) of the Act for getting the land re-conveyed in favour of the petitioners and other successors of the donee and to delete the said property from the assets of the Revenue Department, was filed before the Taluk Land Board concerned.