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1981 Supreme(Ker) 157

BALAKRISHNA MENON
CELINE – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. This revision is against the order of the Taluk Land Board, Kothamangalam, dated 8-5-1979, directing the 1st petitioner to surrender 12.53.435 acres of land as excess land in the possession of her family.

2. The facts of the case are not in dispute. Late Joseph, husband of the 1st petitioner submitted a ceiling return to the Land Board under S.85(2) of the Kerala Land, Reforms Act 1 of 1964 (hereinafter referred to as the Act). The Land Board transferred the ceiling return for enquiry by the Taluk Land Board, Kothamangalam as per the provisions of sub-section (5) of S.85 of the Act. The return submitted by Joseph, (hereinafter referred to as the declarant), related to his family which on the date notified under S.83 of the Act, consisted of himself, his wife and six minor children. The declarant died on 30-6-1974 leaving behind his widow and ten children. Two of his children were majors on 1-1-1970 on the date notified under S.83 of the Act. He had eight children on the said date of whom two were majors. Two other children were born subsequent to 1-1-1970 The revision-petitioners are the widow and major children of the declarant. Petitioners 2 and 3 had attained major








































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