B. P. Jeevan Reddy, J. - (1.)An order of a learned single Judge of Kerala High Court dismissing the Civil Revision Petition filed by the appellant is called in question in this Civil Appeal. The matter arises under the Kerala Land Reforms Act, 1964. It pertains to determination of ceiling of agricultural lands held by the appellant's family and surrender of surplus lands.
(2.)Appellant's father P. K. Ramankutty Vaidyar filed a return of his agricultural holding before the Taluk Land Board. After making an inquiry, the Board found that Ramankutty held a total extent of 47.91 acres of land. Out of it, 6.40 acres were exempted under Section 81 of the Act. After allowing an extent of 15 acres to be retained by Ramankutty's family, surplus land liable to be surrendered was worked out at 26.51 acres, This order was passed on 25-11-75.
(3.)Ramankutty died leaving behind him his widow, three sons and two daughters including the petitioner herein. One of the major sons, P. K. Ravindran filed a revision being CRP No.423/76 before the High Court of Kerala, contending that the properties contained in the declaration filed by Ramankutty belong to the joint family and not to the family unit of Ramankutty alone. He also contended that certain plantations entitled to be exempted under Section 81 of the Act were not exempted. The revision petition was dismissed by the High Court on 5-10-1975, whereafter the Taluk Land Board directed (in its proceedings dated 20-3-1977) the Tahsildar, Ottapalam to take possession of surplus land and to assign it to eligible persons. Accordingly, it appears the Tahsildar took possession of 21 acres 31 cents out of 26 acres 51 cents which he was asked to take possession of. This was done on 18-2-1980 as is evident from the report of the Tahsildar, Ottapalam dated 19-2-1980 addressed to the Chairman, Taluk Land Board, Ottapalam.