S.N. Variava, J. - (1.) This appeal is against the Judgment dated 5th March, 1997 passed by the High Court of Kerala.
(2.) Briefly stated the facts are as follows: The present appellants are the legal heirs of one Mr. Ouseph Joseph (since deceased). The said Ouseph Joseph had a family consisting of himself, his wife and four major sons. The said Ouseph Joseph had made a declaration under the Kerala Land Reforms Act claiming exemption from the ceiling limits on the ground that his lands fell in a rubber plantation and were, therefore, exempted from the ceiling limits. The total exemption claimed on the basis of it being rubber plantation was an area of approximately 95.24 acres. He had also claimed exemption for approximately 3.05 acres as land ancillary to the cultivation of the rubber plantation. This was the land on which there were structures like rubber nursery, quarters of Superintendents, smoke house, Office building, rolling shed etc.
(3.) The total area held by the said Ouseph Joseph and his family was an area of 122.35 acres. As there were six members in the family, the share of each member was 20.39 acres. It must be mentioned that in the total area of 122.35 acres there was an area of dry land of approximately 24.30 acres. Each of the sons claimed, before the Taluk Land Board, that their area of 20.39 acres each was totally exempted from ceiling as it was an old rubber plantation. In respect of the claims of the four sons, by separate Orders, the Taluk Land Board upheld the claims of the sons and exempted an area of 20.39 acres for each son on the basis that it was a rubber plantation. We are informed that Revision Applications filed by the Government against the Orders passed by the Taluk Land Board, so exempting the lands of the sons, were all dismissed.;