Research › Browse › Judgment

Kerala High Court · body

1988 DIGILAW 574 (KER)

MOHAMMED v. TALUK LAND BOARD

1988-11-28

PAREED PILLAY

body1988
Judgment :- 1. The Taluk Land Board rejected the application under S.85 (10) of the Kerala Land Reforms Act to exclude the property covered by gift deed No. 1349 of 1974 in favour of declarant's son Abdual Saleem. The revision petitioner who is the power of attorney holder of the legal representatives of the declarant contended that the Taluk Land Board was not justified in rejecting the petition on the ground that there is no provision to give exemption to a married minor son under the Act. 2. Counsel for the revision petitioner submitted that in the first draft statement Abdul Saleem does not figure as a member of the family and that by itself would show that he was a major. There is no merit in the above contention as the failure to show the name of Abdul Saleem in the draft statement cannot be taken as a piece of evidence to hold that he had attained majority even before 1-1-1970. 3. Counsel next contended that assuming that Abdual Saleem was a minor as on 1-1-1970 the gift in his favour cannot be invalidated under the provisions of the Act as there is evidence that his marriage was on 28-12-1969. Before the Taluk Land Board a certificate was produced from the Khasi to prove the factum of marriage on 28-12-1969. The Taluk Land Board did not accept the certificate. There is nothing in evidence to discard the certificate issued by the Khasi, If the Taluk Land Board doubted its genuineness, it could have summoned the Khasi and examined him to get at the truth. As there is nothing to suspect the genuineness of the certificate issued by the Khasi, the Taluk Land Board ought to have accepted it. 4. The certificate shows that Abdul Saleem's marriage was on 28-12-1969. The question that arises for consideration is whether a gift in favour of a married minor would get the protection of S.84 (1A) of the Act. S.84 (1A) validates a gift deed executed during 1-1-1970 and 5-11-1974 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. But the extent of land comprised in the gift should not exceed the ceiling area specified under S.82(1) (a). But the extent of land comprised in the gift should not exceed the ceiling area specified under S.82(1) (a). If the extent of the land comprised in the gift exceeds the ceiling area specified in S.82 (1) (a), the gift will be valid only upto the extent of that ceiling area. The proviso to S.84 (1A) makes an exception with regard to transfer in favour of a person who was an unmarried minor on 1- 1-1970. As the proviso specifically states that a transfer in favour of a person who was an unmarried minor 1-1-1970 will not get the protection of S.84 (1A), there cannot be any ambiguity with respect to a transfer in favour of a minor who was married prior to 1-1-1970. A transfer in favour of a married minor during the period mentioned in S.84 (1A) is valid under the Act. As there is evidence to hold that Abdul Saleem's marriage was on 28-12-1969, the gift in his favour cannot said to be invalid. The gift in his favour is a valid document under S.84 (1A) of the Act. The order of the Taluk Land Board rejecting the application under S, 85 (10) is set aside. The petition stands allowed. The C.R.P. is allowed. No costs.