IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID FRIDAY, THE 5TH DECEMBER 2008 / 14TH AGRAHAYANA 1930 CRP.No. 1819 of 1999(D) ----------------------- SM.24/1976 of TALUK LAND BOARD, TIRUR .................... REVN. PETITIONER(S): --------------------- STATE OF KERALA BY GOVERNMENT PLEADER SRI.SHYSON D.MANGUZHA RESPONDENT(S): --------------- 1. SHRI.O.K.MOHAMMED, S/O.KALLIYATHU ABDUL KHADAR THALAKKAD. 2. SHRI.KALLIYATH KHALID S/O. -DO- 3. SMT.O.K.FATHIMA, D/O. -DO- 4. SMT.O.K.KHADEEJA D/O. -DO- ADV. SRI.T.KRISHNAN UNNI (SR.) FOR R2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 05/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: HARUN-UL-RASHID, J. ----------------------------------------------- C.R.P. No.1819 OF 1999 ----------------------------------------------- Dated this the 5th day of December, 2008 JUDGMENT Revision is by the State of Kerala challenging the order dated 16.7.1998 of the Taluk Land Board, Tirur. 2. It is the case of the declarant that, the property stated in objection No. I having an extent of 3.81 acres accounted in the name of the assessee is wrong and that assessee is only entitled to 1/3 right over the said property. The declarant therefore, prayed for deletion of 2/3 out of the total extent of 3.81 acres. The learned Government Pleader submitted that registered Will No.2/1882 was not produced before the Taluk Land Board and that the authorised officer reported that second assessee had sold the entire 4.29 acres to the 2nd respondent in this revision. So, it is contended that the second assessee is the owner of the entire 3.81 acres of land. This question is considered by the Taluk Land Board in detail. Taluk Land Board found that the property originally belonged to the grandmother of the second assessee and subsequently came into the possession of the second assessee and her two sisters as per Will No.2/1882 of SRO B.P.Angadi. Counsel for the assessee represented before the Taluk Land Board that original will of 1882 of SRO B.P.Angadi is not available for production at this distance of time and therefore requested to accept the recitals in the registered document No.3729/95 which evidently shows that one of the legatees, Kadiyammakutty Umma, who is the daughter of Kunhachumma, sold her 1/3 right in favour of Mohamed. Taluk Land Board had also verified the said document and contentions raised in will No.2/1882 and found that the document also shows that only 1/3 share of the said property is owned by the second asssessee and other 2/3 belong to her two sisters. The question raised before this court is considered in detail by the Taluk Land Board and on facts held that only 1/3 of the said properties alone is liable to be accounted and the remaining extent is to be deleted from the assessee's account. I find no merit in the facts to interfere with the matter. Accordingly, the Civil Revision Petition is dismissed. (HARUN-UL-RASHID, JUDGE) sks/- HARUN-UL-RASHID, J. CRP No.1819 OF 1999 JUDGMENT 5th December, 2008