K.K.Viswanathan vs State Of Kerala
7. The State asserts that the total extent of land in the
possession of the declarant was found to be 57.27 acres in the
original draft statement issued. It is intriguing as to how the
total extent has been drastically reduced to 24.97 acres from
57.27 acres. The legal heirs of the declarant point out that
0.34 acres in R.S. Nos. 87/7 and 87/8 was owned by the major
daughter of the declarant under Document No. 1361/71. The
legal heirs also add that 4.69 acres in R.S. Nos. 77/4, 18/4 and
19/1B was gifted by the declarant to his major daughter. The
documents those styled as partition deed ought to be treated
as a gift deed following Mehaboob Beevi v. Taluk Land
Board [2002 (1) KLT 305]. There has been a duplication or
excess accounting in respect of 5.84 acres in R.S. Nos. 237/1,
237/2, 237/3, 237/4 and 1/3. The legal heirs also maintain that
19/20 shares of lands in Beypore and Naduvattom Villages
comes to about 5.61 acres only. It is the case of the legal heirs
of the declarant that the extent of land aforementioned were
deleted from the account of the declarant justifiably. This
explains the reason as to why the total extent of land was
drastically reduced from 57.27 acres to 24.97 acres. Added to
C.R.P. Nos. 337 of 2010 &
265 of 2011 6
this is the fact that exemption was granted under Section 81
of the Act in regard to house sites and other structures
bringing down the total extent of land. This aspect of the
matter has also to be considered by the Taluk Land Board on a
proper application of mind.