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2014 Supreme(Online)(KER) 33498

HIGH COURT OF KERALA
V.CHITAMBARESH, J
U P BHASKARAN NAIR – Appellant
Versus
TALUK LAND BOARD – Respondent


O R D E R

Only two points are urged on behalf of the declarant and they are as follows:-

i) The declarant was already married and had a minor child as on 01.01.1970 in which case the ceiling limit has to be computed as per Section 82(1)(b) of the Kerala Land Reforms Act, 1963.

ii) The claim of deemed tenancy under Section 7E of the Act in respect of parcels of land conveyed by registered deeds should have been accepted and that much extent liable to be deleted from the account of the declarant.

2. The Taluk Land Board by order dated 11.05.1983 held that there is paucity of evidence as regards marriage and that the declarant could be treated as an adult unmarried person only. This finding has been affirmed in C.R.P. No. 1350/1983 and the relevant part of the order dated

03.03.1987 therein is as follows:-

“I do not find much of a substance in the petitioner's grievance against the finding of the Taluk Land Board on objection No. 1. According to the petitioner he had got married on 20.03.1969 and a child had been born in the marriage before 01.01.1970. These are matters which could have been proved by authentic documents. Having failed to do so, I think it is not open for the petitioner to

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