The permissible extent covered by the gift deeds executed by the declarant in favour of his daughters i) Balquis Banu ii) Sadhika Banu iii) Shaheera Banu and iv) Neshida Banu have rightly been exempted. This is so by virtue of Section 84(1A) of the Kerala Land Reforms Act, 1963 which permits the declarant to gift parcels of land in favour of his son or daughter. But the question whether the gift deed similarly executed by the declarant in favour of his daughter Bushra Banu deserves to be excluded needs a deeper probe.
2. The State has a case that Bushra Banu was aged only 14 years as on 01.01.1970 and was also unmarried. There is no reference at all by the Taluk Land Board about the Secondary School Leaving Certificate of Bushra Banu relied on by the State. The reports of the Special Deputy Tahsildar on this aspect have also to be re-examined in the light of the evidence available.
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3. Bushra Banu can be treated as not a member of the statutory family only if it is established that she was married as on 01.01.1970. The gift deed in her favour is liable to be excluded under 84(1A) of the Kerala Land Reforms Act, 1963 only if she was a major as on 01.01.1970. There has been an open remand in C.R.P. No. 1591/1997 by this Court and cogent evidence is necessary to establish the marriage other than an invitation card. I do not however find any infirmity in the other points considered by the Taluk Land Board warranting interference in this jurisdiction.
4. The impugned order is set aside and the matter is remitted to consider the above aspect. The Taluk Land Board shall issue fresh notice to the parties and make every endeavour to pass final orders within a period of four months therefrom.
The Civil Revision Petition is disposed of.
V.CHITAMBARESH JUDGE DCS