JUDGEMENT
-
(1.) Leave granted.
(2.) This appeal by special leave arises from the judgment of the High court of Kerala in CRP No. 1916 of 1984 dated 29/1/1988. The appellant has two married sons. He executed two gift deeds, Ex. R-l and Ex. R-2 bequeathing 10 acres and 11 acres respectively in favour of his sons. He had applied for exemption of those lands from his ceiling area prescribed under the Kerala Land Reforms Act. On remand by the High court, the Land tribunal gave the benefit of 6 acres to each of the sons. For rest of the land covered by the gift deeds, the revision petition was filed. The High court confirmed the order of the Land tribunal and dismissed the revision petition.
(3.) Section 84 (1-A) reads thus:
"84.(L-a) Notwithstanding anything contained in Ss. (1, or in any judgment, decree or order of any court or other authority, any voluntary transfer effect by means of a gift deed executed during the period commencing on the 1st day of January, 1970 and ending with the 5th day of November, 1974 by a person owning or holding land in excess of the ceiling area in favour of his son or daughter or the son or daughter of his predeceased son or daughter shall be, not to be, or ever to have been, invalid- 529 (a) if the extent of the land comprised in the gift does not exceed the ceiling area specified in clause (a) of Ss. (1 of Section 82; and (b) if the extent of the land comprised in the gift exceeds the ceiling area specified in the said clause, to the extent of that ceiling area. "section 82 (1 (a) reads thus:
"82.(1 (A) in the case of an adult unmarried person or a family consisting of a sole surviving member, five standard acres, so however that the ceiling area shall not be less than six and more than seven and a half acres in extent;";
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.