K.A. PAUL AND ORS. versus TALUK LAND BOARD, ALATHUR AND ORS.

Citation: [1992] SUPP. 3 S.C.R. 556 · Decided: 15-12-1992 · Supreme Court of India · Bench: T.K. THOMMEN · Disposal: Appeal(s) allowed
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Judgment (excerpt)

A 
K.A. PAUL AND ORS. 
v. 
TALUK LAND BOARD, ALATHUR AND ORS. 
DECEMBER 15, 1992 
B 
[DR. T;K. THOMMEN, V. RAMASWAMI AND R.M. SAHA!, JJ.] 
c 
Kera/a Land Refonns Act, 1963: Section 84( JA)-'His son or daughter' 
-Connotation of-Whether includes donor's stepson or step daughter. 
Section 84 of the Kerala Land Reforms Act, 1963 declared certain 
voluntary transfers to be null and void. However, the section was amended 
by Act No. 19 of 1979, inserting sub-section (lA) to provide that any 
voluntary transfer effected by me~ns of a gift deed executed during the 
period commencing on the 1st day of January, 1970 and ending with the 
5th day of November, 1974, by a person owning or holding land in excess 
D of the ceiling area in favour of his son or daughter or the son or daughter 
of his predeceased son or daughter shall be not deemed to be, or ever to 
have been, invalid. 
In the appeal to this Court on the question : Whether a deed of gift 
executed after 1.1.1970 by a person in favour of two sons of her husband 
E by his first wife is attracted by the validating provision contained in . 
sub-section (lA) of Section 84 of the Kerala Land Reforms Act, 1963. 
F 
Allowing the appeal, and setting aside the judgment of the High 
Court, the Court 
HELD: 1. There is no reason why sub-section (lA) which was in-
serted with a view to validating certain gifts, which would have been 
otherwise invalid, should be read so narrowly as to exclude a bona fide gift 
made by a stepmother in favour of the children born to her husband by 
his former wife. A stepson is as much a member of ~he family as a son is. 
G Any construction to the contrary would be inconsistent with the legislative 
intent manifested in sub-section (lA) of section 84. [558-C, DJ 
H 
2. Appellants 1 and 2 being the stepsons of the third appellant were 
entitled to the benefit of the provisions of sub- section (lA) of Section 84. 
[558-E] 
55~ 
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K.A. PAUL v. TALUK LAND BOARD [THOMMEN, J.j 
557 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. 3209 of A 
1984. 
From the Judgment and Order dated 24.11.81 of the Kerala High 
Court in C.R.P. No. 1960 of 1980-a. 
G.Vishwanatha Iyer, S. Bala Krishnan, G. Srinivasan and S. Prasad B 
for the Appellants. 
M.T. George for the Respondents. 
The Judgment of the Court was delivered by 
DR. THOMMEN, J. The short question which arises for considera-
tion in this appeal is whether a deed of gift executed after 1.1.1970 by a 
person in favour of two sons of her busband- by his first wife is attracted 
by the validating provision contained in sub-section (lA) of Section 84 of 
c 
the Kerala Land Reforms Act, 1963 (Act 1 of 1964). The facts are not in D 
dispute. The only point for decision is whe'ther the expression 'son or 
daughter' includes a stepson or a stepdaughter. 
· 
Appellants 1 and 2 are the donees and appellant 3, who is their 
stepmother, is the donor. The deed was executed between 1.1.1970 and E 
5.11.1974, which is the crucial period to attract the validating provision 
contained in sub-section (lA). 
6 
Section 84 declares certain voluntary transfers to be null and void. 
However, the Section was amended by Act 19of1979 inserting sub-section 
(lA) which, insofar as it is material, reads:-
"S. 84(1A) Notwithstanding anything contained in sub-
section ( 1 ), or in any judgment, decree or order of any court 
or other authority, any voluntary transfer effected by means 
of a gift deed executed during the period commencing on 
the 1st day of January, 1970 and ending with the 5th day of 
November, 1974, by a person owning or holding land in 
excess of the ceiling area in favour of his son or daughter 
or the son or daughter of his predeceased son or daughter 
shall be not deemed to be, or ever to have been, invalid-
F 
G 
H 
558 
SUPREME COURT REPORTS (1992) SUPP. 3 S.C.R. 
A 
Does the expression 'son or daughter' include a stepson or a step-
daughter? The learned Judge held:-
" ...... What is validated by Sec. 84(1A) of the Act is only a 
gift 'by a person owning or holding land in excess of ceiling 
area in favour of his son or daughter or the son or daughter 
B 
of his pre~deceased son or daughter. The stress is on the 
word 'his' which qualifies the expressions son or daughter. 
Unless the donee is the son or daughter of the donor, the 
gift will not attract the operation of Sec. 84(1A) of the 
Act ........ ". 
C 
We see no reason why sub-section (1A) which was inserted with a 
view to validating certain gifts, which wou
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