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1981 Supreme(Ker) 165

U.L.BHAT
PONNU – Appellant
Versus
TALUK LAND BOARD – Respondent


Judgment :-

1. In a suo motu ceiling case against the statutory family consisting of the first revision petitioner and his now deceased wife in which notice was also given to the son, the second revision petitioner who was a major on 1-1-1970, the Taluk Land Board determined excess land to be surrendered as 2.10 acres. This was done overruling the contention of the revision petitioners that the land taken into account was the joint family property of the parties which was divided under a partition deed of 1972 between them The Taluk Land Board treated the entire land as separate property of the father. Revision petitioners raised an alternative contention that in case the entire land is to be treated as separate property of the father, it must be deemed that by virtue of the partition deed the father gifted a portion of the land to the son and therefore they must be given the benefit of S.84 (1A) of Kerala Act 1 of 1964 (for short 'the Act') introduced by the amending Act 27 of 1979. The Taluk Land Board rejected this contention on the ground that the document in question is a partition deed and not a gift deed as contemplated under S.84(1A). Parties are Governed by Mitakshara Law.













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