This was the land on which there were structures like rubber nursery, quarters of Superintendents, smoke house, Office building, rolling shed etc.
2386 of 1990 was filed before the High Court.
The Taluk Land Board, therefore, deducted an area of 24.30 acres.
This time the Taluk Land Board took numbere of the fact that the total area of the land of the family was only 122.35 acres.
Thereafter, the father, on behalf of himself and the mother, made a claim for exemption of 40.78 acres on the ground that this was also a part of the rubber plantation.
The Taluk Land Board granted exemption for the balance area.
It must be mentioned that in the total area of 122.35 acres there was an area of dry land of approximately 24.30 acres.
As there were six members in the family, the share of each member was 20.39 acres.
The total area held by the said Ouseph Joseph and his family was an area of 122.35 acres.
The Taluk Land Board took numbere of the fact that the four sons had already claimed exemption in respect of their shares of 20.39 acres each.
However, the Taluk Land Board has, for un phantom able reasons, taken the rubber plantation to 107.25 acres and deducted 24.30 acres from that.
The High Court rejected the Revision by the impugned Order dated 5th March, 1997.
It took numbere of the fact that in this area 24.30 acres was dry land and that only approximately 95 acres was rubber plantation with ancillary land of approximately of 3 acres.
The said Ouseph Joseph had a family companysisting of himself, his wife and four major sons.
He had also claimed exemption for approximately 3.05 acres as land ancillary to the cultivation of the rubber plantation.
As against this Order, a Revision Petition No.
We are informed that Revision Applications filed by the Government against the Orders passed by the Taluk Land Board, so exempting the lands of the sons, were all dismissed.
The said Ouseph Joseph had made a declaration under the Keral.a Land Reforms Act claiming exemption from the ceiling limits on the ground that his lands fell in a rubber plantation and were, therefore, exempted from the ceiling limits.
The Taluk Land Board held that as the sons had already claimed exemption, and there had been numberobjection by the parents, it followed that the dry land of 24.30 acres companyld only be in the land which came to the share of the parents.
Each of the sons claimed, before the Taluk Land Board, that their area of 20.39 acres each was totally exempted from ceiling as it was an old rubber plantation.
In respect of the claims of the four sons, by separate Orders, the Taluk Land Board upheld the claims of the sons and exempted an area of 20.39 acres for each son on the basis that it was a rubber plantation.
While rejecting the Revision Petition the High Court has numbered all the above mentioned facts.
The High Court, however, chose number to interfere as numberRevision had been filed by the Government against the Order of the Taluk Land Board.
The total exemption claimed on the basis of it being rubber plantation was an area of approximately 95.24 acres.
Briefly stated the facts are as follows The present Appellants are the legal heirs of one Mr. Ouseph Joseph since deceased .
N. Variava, J. This Appeal is against the Judgment dated 5th March, 1997 passed by the High Court of Kerala.
