PARUKUTTY Vs. TALUK LAND BOARD, THALAPPALLY

JUDGEMENT

(1.) THE Order of the Court was pronounced by Balasubramanyan, J. This is a Revision filed under S.103 of the Kerala Land Reforms Act. The order challenged is that of the Taluk Land Board determining the ceiling area of the statutory family of one Krishnan Ezhuthassan. The petitioners in the Revision are the legal representatives of the said Krishnan Ezauthassan.

(2.) KRISHNAN Ezhuthassan died on 6th May 1972. He was bound to file a statement either under S.85 or under S.85A of the Kerala Land Reforms Act, hereinafter referred to as the Act. He did not file a statement before his death. Hence his legal representatives were bound to file a statement. The estate devolved on the legal representatives subject to the obligation under the Act. This is clarified by S.85(6 A) of the Act and is clear from the decision of the Supreme Court in State of Kerala v. Varkey Mathew AIR 1996 SC 1009 and from the decision of our court in State of Kerala v. Ittiachan 1996 (2) KLT 238. It was in discharge of this obligation of the legal representatives that Kunhi Lakshmi Amma, widow of Krishnan Ezhuthassan filed the statement on behalf of the legal representatives of Krishnan Ezhuthassan.

(3.) THE statement filed by the widow Kunhi Lakshmi Amma, on behalf of all the heirs specified in column 2 eliciting the information "whether the statement relates to an adult unmarried person or family or any other person" that the statement relates to the joint family consisting of the widow and all the children. A draft statement prepared in terms of R.12 (1) of the Kerala Land Reforms (Celling) Rules was served on the widow and all the major children of Krishnan Ezhuthassan viz., Kunhi Lakshmi Amina (widow), Govindan Kutty(son), Parukutty, Pankajakshy, Ambujakshy and Thankam (daughters). The notices were acknowledged. The three other children, sons, Mukundan, Sasidharan and Premachandran were minors as on 1st January 1970 and formed part of the statutory family consisting of Krishnan Ezhuthassan and their mother. The draft statement indicated that the total extent held by Krishnan Ezhuthassan was 23.36 9/20 acres, the extent eligible for exemption was 0.65 9/20 acres, the ceiling area that can be held was 14.55 21/52 acres and the extent to be surrendered was 8.15 11/32 acres.