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1986 Supreme(Ker) 76

THOMAS
STATE OF KERALA – Appellant
Versus
THOMAS – Respondent


Judgment :-

1. The Taluk Land Board, Mukundapuram (for short 'the TLB') has determined the extent of land to be surrendered by the 1st respondent as per S.85 of the Kerala Land Reforms Act (for short'the Act'). It was finally determined that the 1st respondent shall surrender 3.97.625 acres of land, when the TLB's order was revised in a Civil Revision Petition disposed of by this Court. The Tahsildar took possession of the excess land from the 1st respondent on 8-1-1977. Subsequently, the Kerala Land Reforms (Amendment) Act, Act 27 of 1979 came into force on 7-7-1979, inserting sub-section IA in S.84 of the Act As per the said sub-section, a transfer "effected by means of a gift deed executed during the period commencing on 1-1-1970 and ending with 5-11-1974 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" is deemed to be valid. (There are some other conditions also to be satisfied to have the benefits of the sub-section, but among those conditions only one is relevant in this case, and reference to that condition will be made later). Sub-section (I) of S.84 (inserted by Act















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