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1984 Supreme(Ker) 191

K.BASKARAN
MAYILAMMAL – Appellant
Versus
TALUK LAND BOARD – Respondent


Judgment :-

1. The petitioner is the first wife of one Kanthaswamy Kounder, who in a ceiling proceedings opted to treat his second wife and children as members constituting his family. The petitioner's submission is that by virtue of the provisions contained in Explanation I to S.82 (6) of the Act, the petitioner and her minor children should be treated as another family entitled to share the properties of her husband for the purpose of ceiling limits under the Kerala Land Reforms Act. S.82(6) of the Act reads as follows:

"82. (6) In computing the ceiling area, lands exempted under S.81 shall be excluded.

Explanation I. For the purpose of this section, where a person has two or more legally wedded wives living, the husband, one of the wives named by him for the purpose and their unmarried minor children shall be deemed to be one family and the other wife or each of the other wives and her unmarried minor children shall be deemed to be a separate family."

It was argued on behalf of the petitioner that unless the first wife and her children also are treated as a separate family entitled to the properties of the declarant in the ceiling proceedings, it would cause hardship as far as the


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