K.T. Sankaran, J.

1. The State has filed this Civil Revision Petition challenging the order dated 5.2.2000, passed by the Taluk Land Board, Vadakara in the proceedings under Section 87 of the Kerala Land Reforms Act (hereinafter referred to as 'the Act'). As on 1.1.1970, the respondent was an adult unmarried person. He married Sobhana on 1.6.1974. Three children were born in that wedlock on 31.5.1980, 30.5.1984 and the last one thereafter. As per document No.271/89, the respondent acquired certain items of properties. Proceedings were initiated on the basis that as on 1.1.1970 the respondent was an adult unmarried person and, therefore, he could not hold more than 7.50 acres of land.

2. As per the draft statement, the relevant date for determining the ceiling area was stated to be 1.1.1970 and on that basis it was stated that the respondent was liable to surrender 7.98 acres.

3. The respondent contended that though he was unmarried as on 1.1.1970, by his marriage a statutory family is constituted, which could hold more extent of land than the extent of land which could be held by an adult unmarried person. The Taluk Land Board considered the objections raised by the respondent and held that the family of the respondent could hold ten standard acres of land subject to a maximum of 15 ordinary acres. Including the acquisition made after 1.1.1970, the respondent was found to be in possession of less than the ceiling limit for the statutory family. Thus the Taluk Land Board came to the conclusion that the respondent is not holding any excess land and he is not liable to surrender any land, which is challenged by the State in this Civil Revision Petition.

4. Learned Government Pleader submitted that the state of affairs as on 1.1.1970 alone is relevant and any subsequent increase or decrease in the number of members in the statutory family would not alter the ceiling area under the Act. He relied on the Division Bench decision in Kurian v. Taluk Land Board (1991 (1) KLT 162) and the decision in Raghunath Laxman Wani v. State of Maharashtra (AIR 1971 SC 2137) in support of his contention. Learned Government Pleader also submitted that the Division Bench has overruled the decision of a learned single Judge in M.T.John v. Taluk Land Board, Quilandy (1976 KLT Short Note 59). Learned counsel appearing for the respondent submitted that in paragraph 13 of the decision in Kurian v. Taluk Land Board, the Division Bench has expressly stated that the decision is restricted to cases where statutory families existing as on 1.1.1970 undergo change in composition on account of subsequent birth, death or minor members attaining majority. It is also stated therein thus:

"It is unnecessary for us to consider in this case the position where an adult unmarried person becomes family by marriage."

5. In Kurian v. Taluk Land Board (1991 (1) KLT 162), the Taluk Land Board held as per the order dated 24.2.1983 that the family had 15.43 acres of land equivalent to 11.49 standard acres as on 1.1.1970 and the family did not own or possess land in excess of the ceiling area. The proceedings were accordingly dropped. Fresh proceedings were initiated under Section 87 of the Kerala Land Reforms Act. There was an acquisition of the property in 1974. Just before the acquisition in 1974 two of the minor children, who were members of the family, attained majority and one of the minor children died. The Taluk Land Board took into account the number of members of the statutory family as on the date of the subsequent acquisition and fixed the maximum extent of land that could be held by the statutory family. The declarant was directed to surrender the excess land on that basis. That order was under challenge in the Revision. The Division Bench held thus:

"... Therefore, it is clear that ceiling area prescribed in S.82 in respect of a family cannot increase or decrease subsequently merely on account of increase or decrease in the number of members of the family either by b