Court : Kerala
Decided on : Dec-03-1976
Reported in : AIR1979Ker139
Gopalan Nambiyar, J. 1. The question that squarely arises in this revision petition is whether in determining the validity of the alienation in excess of the ceiling area effected after 15-9-1963 (date of publication of Land Reforms Bill, 1963), and before 1-1-1970 (date of coming into force of Act 36 of 1969), the ceiling is to be reckoned with respect to the provisions of the Amending Act 35 of 1969, or with respect to the prior law. In Joseph v. State of Kerala (1973 Ker LT 701): (AIR 1974 Ker 28) a Division Bench consisting of myself and Viswanatha Iyer, J. held that the validity of the alienations had to be judged with respect to the law as to ceiling area in force on the date of the transfers and not the law on the effectuation of the ceiling area by notification issued under Section 83 of the Act, viz., 1-1-1970. Viswanathha Iyer, J. who referred this case to a Division Bench recorded his view that although the learned Judge was a party to the decision in 1973 Ker LT 701: (AIR 1...
Tag this Judgment!