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1990 Supreme(Ker) 253

VISWANATHA.IYER
Kathrina – Appellant
Versus
State of Kerala – Respondent


Judgment :-

The two petitioners are mother and son, being the wife and son of one P.V. Kuruvilla, who was the declarant in ceiling case S.R.No.101/73 of the Taluk Land Board, Kothamangalam, the 2nd respondent. He had filed statement of his holdings, as required by S.85 (2) of the Kerala Land Reforms Act 1963 (the Act). The matter was enquired into by the Taluk Land Boarti, who, by the order dated November 11,1975, held that Curuvilla did not own or hold any land in excess of the ceiling area prescribed in the Act. The ceiling case was accordingly closed.

2. The proceedings were later reopened under S.85(9) of the Act, pursuant o notice dated September 1, 1978, on the apprehension that Kuruvilla really owned or icldlandin excess of the prescribed ceiling limits. The order dated November 11,1975 vas set aside. A draft statement dated April 1,1980, containing proposals for determination of the surrender able area was served on the first petitioner, one of the legal heirs of Curuvilla, who was meanwhile dead on January 21,1980. The law as it stood then, did not enable continuance of the proceedings against the legal heirs of the deceased declarant, such a provision namely sub-section (6
























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