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1978 Supreme(Ker) 69

K.BASKARAN
SATHYABHAMA AMMA – Appellant
Versus
TALUK LAND BOARD, PALOHAT – Respondent


Judgment :-

1. This revision is directed against the order of the Taluk Land Board, Palghat, dated 3 31976 made in ceiling case No. L. B. 235/73. In and by that order the Taluk Land Board has directed the revision petitioner to surrender an extent of 37.18 acres of land, determined to be the extent of land held by her statutory family in excess of the ceiling area specified under the Kerala Land Reforms Act.

2. On behalf on the revision petitioner it was submitted that the Taluk Land Board was in error in treating the properties gifted by Madhava Kesava Menon, the maternal uncle of the revision petitioner, and the properties bequeathed by Kesava Menon, another maternal uncle of the revision Petitioner, as exclusively belonging to the revision petitioner. The contention advanced before the Taluk Land Board, repeated before this Court, is that the properties gifted or bequeathed by a marumakkathayi in favour of his neice would not enure to the benefit of the donee or legatee individually, but they are intended to be enjoyed as sub-tarwad or tavazhi properties. The Taluk Land Board did not accept this contention, and treated the properties as "self acquired properties" of the revision













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