MOHAMMED Vs. TALUK LAND BOARD

JUDGEMENT

(1.) The Taluk Land Board rejected the application under S.85 (10) of the Kerala Land Reforms Act to exclude the property covered by gift deed No. 1349 of 1974 in favour of declarant's son Abdual Saleem. The revision petitioner who is the power of attorney holder of the legal representatives of the declarant contended that the Taluk Land Board was not justified in rejecting the petition on the ground that there is no provision to give exemption to a married minor son under the Act.

(2.) Counsel for the revision petitioner submitted that in the first draft statement Abdul Saleem does not figure as a member of the family and that by itself would show that he was a major. There is no merit in the above contention as the failure to show the name of Abdul Saleem in the draft statement cannot be taken as a piece of evidence to hold that he had attained majority even before 1-1-1970.

(3.) Counsel next contended that assuming that Abdual Saleem was a minor as on 1-1-1970 the gift in his favour cannot be invalidated under the provisions of the Act as there is evidence that his marriage was on 28-12-1969. Before the Taluk Land Board a certificate was produced from the Khasi to prove the factum of marriage on 28-12-1969. The Taluk Land Board did not accept the certificate. There is nothing in evidence to discard the certificate issued by the Khasi, If the Taluk Land Board doubted its genuineness, it could have summoned the Khasi and examined him to get at the truth. As there is nothing to suspect the genuineness of the certificate issued by the Khasi, the Taluk Land Board ought to have accepted it.