SOSAMMA Vs. SREEDHARAN

JUDGEMENT

(1.) The application in O. A. No. 418 of 1970, an application for resumption under S.16A of the Kerala Land Reforms Act, 1 of 1964, for short the Act, on the file of the Land Tribunal, Cannanore is the petitioner in this Civil Revision Petition. The petitioner approached the Land Tribunal under S.16A of the Act for resumption. The application was filed on 29-6-1970. The petitioner's case is that the father of respondents 1 to 6 who died on 14-5-1970 was having lands in his possession more than the ceiling area on 1-1-1970. The respondents opposed the application and one of the grounds taken by them was that they were not in possession of lands in excess of the ceiling limit. The Land Tribunal by order dated 29-3-1974 held that the petitioner is a small holder but dismissed the application. According to the Land Tribunal, none of respondents 1 to 6 were having lands in excess of the ceiling limit and since their father was dead on the date of the application it was their ceiling limits that has to be taken into consideration to allow resumption. The petitioner challenged the above order of the Land Tribunal before the Appellate Authority (Land Reforms), Kozhikode. The Appellate Authority accepted the petitioner's contention that the question whether the tenant from whom resumption is sought was in possession of more than the ceiling area has to be decided on the basis of the state of affairs that stood as on 1-1-1970. But the Appellate Authority dismissed the appeal on the ground that the father of respondents 1 to 6 was having only less than 15 ordinary acres and hence no resumption is possible. The above judgment of the Appellate Authority is challenged by the petitioner in this Civil Revision Petition.

(2.) S.16A of the Kerala Land Reforms Act 1 of 1964 reads:

(3.) It is not in dispute that the ceiling limit applicable to the deceased tenant is 10 standard acres. The right to hold 10 standard acres is subject to the condition that it should not be less than 12 ordinary acres and more than 15 ordinary acres. The Appellate Authority has not adverted to this aspect of the matter. What is to be ascertained is whether the deceased tenant was having more than the extent fixed under S.81(1)(b) of the Act which is the ceiling limit applicable to his family. If there is anything in excess of that, resumption cannot be refused to the petitioner. For the purposes of ascertaining whether the deceased tenant was having more than 10 standard acres as on 1-1-1970 the case has to go back to the Land Tribunal. Hence, I set aside the finding of the Appellate Authority that the petitioner is not entitled to resume any land from respondents 1 to 6, and remand the case to the Land Tribunal, Cannanore for ascertaining whether the deceased tenant (father of respondents 1 to 6) was having more than 10 standard acres on 1-1-1970. If he was having anything in excess of 10 standard acres (of course excluding lands entitled to be exempted under S.81), it goes without saying that the petitioner's application for resumption has to be allowed subject to the restrictions contained in S.16A of the Act. Of course, this is subject to the further condition that the actual extent should not be less than 12 acres and not more than 15 acres depending upon the classification of the lands.