NDLI: P. J. Thomas Vs. Taluk Land Board and Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	kerala land reforms
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Kerala Land Reforms Act, 1963 (1 of 1964)
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Kerala Land Reforms Act, 1963 : Sections 81 to 84-Ceiling area-Computation of-Cashew estate exempted from Ceiling-Exemption withdrawn from 1.1.1970-Conversion of Cashew estate into rubber plantation in 1967-Whether rubber plantation eligible for exemption. Chapter III of the Kerala Land Reforms Act, 1963, containing sections 81 to 98A relating to restriction on ownership and possession of land in excess of Ceiling area, came into force on 1.4.1964. However, Section 82 came into force on 1.1.1970, the appointed day. Under this Section the Ceiling area of land which an individual or a family, as the case may be, was entitled to hold was fixed. In computing the ceiling area, the lands exempted under Section 82 was to be excluded. Sub-section (4) of the Section provided that where, after the commencement of the Act, any class of land specified in Schedule II had been converted into any other class of land specified in that Schedule or into a plantation, the extent of land liable to be surrendered by a person owning or holding such land should be determined, without taking into consideration such conversion. Section 81(1)(1), as it originally stood, exempted cashew estates existing at the commencement of the Act, and having a contiguous extent of ten acres or more from the operation of Chapter III. This exemption was however, taken away by a subsequent amendment by Act. No. 35 of 1969, and, as on 1.1.1970, cashew estate, having an extent of ten acres or more was liable to be included in the computation of the ceiling area. Under Section 81(1)(e), 'Plantation', as defined under the Act was also exempted. Plantation was also specified in Schedule II. Under Section 84, all voluntary transfers effected after the date of publication of Kerala Land Reforms Bill, 1963, by a family or any member thereof holding land in excess of the ceiling area were deemed to be transfers calculated to defeat the provisions of the Act and invalid.On 1.1.1970, when Section 82 of the Act came. into force, the appellant was holding 31 acres 6.5 cents of land, including 14.5 acres of rubber plantation, which was originally cashew estate. The appellant had converted the cashew estate into rubber plantation in 1967. His claim for exempting the rubber plantation from the computation under Section 81(1)(e) was rejected by the Taluk Land Board, in view of the provisions in sub-section (4) of Section 82, since cashew estate was not an exempted category on 1.1.1970. In revision, the High Court affirmed the Taluk Land Board's decision. In the appeal before this Court, on behalf of the appellant, it was contended that a conversion of land falling under one exempted category to another exempted category did not come under the mischief of sub-section (4) of Section 82, and that the provisions of Chapter III did not apply to the lands specified in Section 81 and that since plantation was not included in sub-section (4) of Section 82 as it stood before 1.1.1970 and was included only with effect from 1.1.1970, the conversion of cashew estate into plantation before the amendment was not attracted by the said sub-section.
Judge	Hon'ble Ms. Justice M. Fathima Beevi
Neutral Citation	1992 INSC 71
Petitioner	P. J. Thomas
Respondent	Taluk Land Board And Ors.
SCR	[1992] 2 S.C.R. 147
Judgement Date	1992-03-12
Case Number	2247

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