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1987 Supreme(Online)(Ker) 4

KERALA HIGH COURT
, J
the widow of Krishnan – Appellant
Versus
Taluk Land Board – Respondent


1The properties in question belonged to one Manappadi Krishnan. He died without filing statement under S.85(2) or S.85A of the Kerala Land Reforms Act . This was the state of affairs when the Taluk Land Board, Tellicherry by its proceedings No. S.M. 325/76 (Tly.) dated 7-7-78 declared that the legal representatives of Krishnan are liable to surrender excess land, measuring 12.88 acres. The widow of Krishnan challenged the sad order before this court by filling CRP No. 2386 of 1978. This court after considering the various aspects of the case, has passed the following order:
"Government Pleader takes notice. The proceedings are against the family of one Krishnan, who passed away in 1972. This court has held that where a member of the statutory family as on 1-1-1970 dies after the aforesaid date no proceedings could be continued against him or his family under S.85 and the proper course is to proceed under S.87 against those on whom the properties have devolved. The order of the Taluk Land Board cannot therefore be sustained and it is set aside. CRP allowed as above. The Taluk Land Board will however, be free to proceed under S.87." This order is dated 18-9-1978.

2In the year 1981 t













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