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1975 Supreme(Ker) 216

G.VISWANATHA.IYER
KUTTAN – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. Pettah, the petitioner in C.R.P. No. 534 of 1975, claims to be the legally wedded second wife of the petitioner in C. R. P. No. 305 of 1975. The latter filed a return for a family consisting of himself and his wife Meenakshy. Both the ladies have no property. At the same time an area of 3.47 acres in extent belonging to him was held to be an excess over the ceiling area allowable to the family for which he filed a return. This was opposed by the petitioners in both the revisions Incidentally the status of Pettah as assessee's second wife was also in dispute. The Taluk Land Board found against the alleged status and on that alone held that the petitioner in C.R.P. No. 305 of 1975 should surrender 3.47 acres as excess land. This has occasioned these revision petitions.

2. In the nature of the facts set out above it is unnecessary to go into the status of Pettah for, even assuming she is a legally wedded wife, she being a separate family for purposes of the ceiling provisions (see Explanation I to S.82) cannot claim her husband to be a member of her separate family or reckon the properties held by him in excess of the ceiling area of the family for which he filed a retur

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