TALUK LAND BOARD Vs. CYRIAC THOMAS
SUPREME COURT OF INDIA (FROM: KERALA)
TALUK LAND BOARD
Click here to view full judgement.
(1.)The Taluk Land Board constituted under the Kerala Land Reforms Act (for short, 'the Act') is in appeal against the common order made by a learned single Judge of the High Court of Kerala at Ernakulam, in C.R.P. Nos. 1969 and 2453 of 1993, on November 18, 1996. By the impugned order, the High Court accepted the sale deeds executed by the sisters of the declarant-Cyriac Thomas (the first respondent) resulting in leaving no excess land to be surrendered by him.
(2.)The point that arises for consideration is whether the sisters of the declarant had title to the land or it, in fact, belonged to the declarant and therefore, the sales ought to be ignored and the land added to his holding.
(3.)One Mr. Elanjikkal Cyriac died sometime before 1958. He was survived by his three sons, including the declarant, and for daughters. He left some agricultural land. As long back as in 1978, the appellant held that the declarant had no excess land to surrender. However, in 1980, the case was reopened and after taking into consideration the objections filed by him, the appellant held that the first respondent had 9.87 acres of land in excess of the ceiling limit as on January 1, 1970. On December 5, 1985 the High Court, on the civil revision petition filed against the said order, remanded the matter to the appellant. After remand, the appellant by its order dated August 12, 1993 quantified the excess land (7.26.040 acres) which was to be surrendered by him. It was against that order of the appellant two civil revision petitions were filed - one by the declarant and the other by his three sisters. The High Court disposed them of by the impugned judgment, referred to above. That is how the present appeals aer before us.
Copyright © Regent Computronics Pvt.Ltd.