KURUVILLA Vs. TALUK LAND BOARD

JUDGEMENT

(1.) This revision has come up before the Division Bench on a reference by our learned brother Justice M. P. Menon. Since the learned Judge felt that the view expressed in the decision of this Court in Vellappally Plantations Private Ltd. v. State of Kerala, 1977 KLT 265 , required further consideration reference was made to the Division Bench.

(2.) The revision was against an order passed by the Taluk Land Board, Talappally on 30-10-1976. The said order was passed in proceedings taken against a firm 'Desamangalam Estate' for surrender of excess land. The firm is represented by its Managing Partner who has filed this appeal on behalf of the firm. The objection to the draft statement (dated 11-10-76) was filed by the Managing Partner on 13-10-1976. It is said that at that time the Managing Partner assumed that proceedings were taken against him not in regard to the firm as such but in regard to his share of the properties of the firm and therefore he assumed that he was called upon to reply only as an individual in regard to his share. He filed an additional objection on 30-10-1976 raising certain contentions on behalf of the firm. He mentioned in the application moved by his counsel on 30-10-1976 that it was under the impression that he was called upon to answer as a partner only that he had filed the earlier objection and now that it had turned out that the proceedings were being taken against him on behalf of the firm and as representing the firm additional objection was being filed. He also mentioned therein that he was filing the additional objection on that day, that he required time for adducing evidence, that the Managing Partner was out of station he having gone to Bangalore and a week's time may be given to him for adducing evidence. On this application an order 'not allowed' is seen passed on the same day. The matter was taken up by the Taluk Land Board and disposed of on the same day directing surrender of excess land the extent of which is seen to be 105.76 acres.

(3.) The main point urged by petitioner's counsel before us concerns the applicability of S.82(4) of the Kerala Land Reforms Act to a firm. It is the case of the petitioner that S.82 of the Act having been amended to bring in firms also within the scope of that Section only with effect from 1-1-1970, S.82(4) as amended would not operate in the case of firms in respect of any conversion made prior to 1-1-1970. There is the further argument that in any view of the matter 94.04 acres of land belonging to the firm in Ottappalam Taluk was a private forest even on 1-4-1964 and therefore was exempt from the provisions of Chapter III and if so the land would not be available for the purpose of determining the ceiling area of the firm even on 1-4-1964.