1992 INSC 0770
                                               K. A. Paul and Others

                                                           Vs

                                     Taluk Land Board, Alathur and Others

                                          Civil Appeal No. 3209 of 1984

                           (Dr. T.K. Thommen, V. Ramaswami-II, R.M. Sahai JJ)

                                                      15.12.1992

                                                     JUDGMENT

THOMMEN, J. ­

1. The short question which arises for consideration in this appeal in whether a deed of gift executed
after January 1, 1970 by person in favour of two sons of there husband by his first wife in attracted
by the validating provision contained in sub-section (1-A) of Section 84 of the Kerala Land Reforms
Act, 1963 (Act 1 of 1964). The facts are not in dispute. The only point for decision is whether the
expression 'son or daughter' includes a stepson or a stepdaughter.

2. Appellants 1 and 2 are the donees and appellant 3, who is their stepmother, is the donor. The deed
was executed between January 1, 1970 and November 5, 1974, which is the crucial period to attract
the validating provision contained in sub-section (1-A).

3. Section 84 declares certain voluntary transfers to be null and void. However, the section was
amended by Act 19 of 1979 inserting sub-section (1-A) which, insofar as it is material, reads :

                  "84. (1-A) 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
                  January 1, 1970 and ending with the November 5, 1974, by a person owing or
                  holding land in excess of the ceiling area in favour of his son or daughter or the
                  daughter of his predeceased son or daughter shall not be deemed to be, or ever to
                  have been, invalid -

                  # * * *"##

4. Does the expression 'son or daughter' include a stepson or a stepdaughter ? The learned Judge
held :

                  "...What is validated by Section 84(1-A) of the act is only a gift 'by a person owing
                  or holding land in excess of ceiling area in favour of his son or daughter of the son or
                  daughter of his pre-deceased son or daughter'. The stress is on the word 'his' which
                  qualifies the expression son or daughter. Unless the donee is the son or daughter of
                  the donor, the gift will not attract the operation of Section 84(1-A) of the Act...."

5. We see no reason why sub-section (1-A) which was inserted 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 the family as a son is. Any construction to the contrary would be
inconsistent with the legislative intent manifested in sub-section (1-A) of Section 84.

6. Accordingly we hold that, on the present facts, appellants 1 and 2 being the stepsons of the third
appellant were entitled to the benefit of the provisions of sub-section (1-A) of Section 84. The
judgment of the High Court to the contrary is accordingly set aside and the Land Board is directed
to pass appropriate orders in the light of what is stated above in regard to the afore-mentioned claim
of the appellants. The appeal is allowed ion the above terms. However, we make no order as to
costs.

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