SAROJINI Vs. STATE OF KERALA

JUDGEMENT

(1.) Revision petitioner is the claimant who filed petition under S.85(8) of the Kerala Land Reforms Act. The Taluk Land Board by order dated 30-10-1976 called upon the declarant to surrender 16 acres 41 cents. Declarant challenged it by filing C. R. P. 5484 of 1976. By judgment dated 27-l-1977 only 5 cents property was exempted by this Court. Revised order was accordingly passed on 14-3-1977. Declarant filed O. P. 3541 of 1975 before this Court. This Court by judgment dated 11-6-1981 directed the Taluk Land Board to consider the validity of the gifts. Taluk Land Board found 4 acres 92 cents alone were eligible for exemption. So balance to be surrendered by the declarant is 10 acres 44 cents.

(2.) Contention of the revision petitioner is that the Taluk Land Board ought to have exempted the gift made in favour of the grandchildren by the declarant. Gift deed No. 522 of 1970 was executed by the declarant to his grandchildren born to his daughter, Sarojini (revision petitioner). The question to be considered is whether the gift in favour of a granddaughter of the declarant is protected under S.84(1A) of the Act. S.84(1A) was introduced by Act 35 of 1969 to validate gifts by a person owning or holding land in excess of the ceiling area in favour of his son or daughter or the son or daughter of his predeceased son or daughter. It cannot be extended to any other category of donees. To attract S.84(1A) the essential prerequisite is that the gift must be in favour of the donor's son or daughter or the son or daughter of his predeceased son or daughter. A gift in favour of a grandchild or grandchildren of the donor when his or their father or mother is alive cannot get the benefit of S.84(1A) of the Act.

(3.) In the present case the declarant has gifted the property to the revision petitioner's children. As the revision petitioner is very much alive, the gift by the donor in favour of his grandchildren cannot come under S.84(1A) of the Act. The Taluk Land Board was justified in holding that the gift in favour of the grandchildren is not valid as they are not grandchildren of predeceased son or daughter of the donor. Taluk Land Board's finding that gift given by Ponnu to his grandchildren is not valid under the Land Reforms Act does not warrant interference.