Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 8 1960: ss. 6(2) Lands Ceiling : Gujarat Agricultural Lands Ceiling Act 37 20 21 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Bombay Tenancy and Agricultural Lands Act, 1948 (67 of 1948) Bombay General Clauses Act, 1904 (1 of 1904) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Lands Ceiling :Gujarat Agricultural Lands Ceiling Act, 1960: ss. 6(2), 8, 20, 21, 37 -Person - Meaning of-Agreement proposing to purchase land in joint names entered into by five couples - Agreement also stating that purpose was not joint cultivation of land - After purchase, they entered into another agreement recording division of land into ten portions among them - Order of Deputy: collector that a group of persons purchasing agricultural land together, being an association of persons, had to be treated as 'a person' under the Act and therefore they could: jointly hold only one unit in view of provision of s. 6(1) of the I Ceiling Act and not five units as held by Mamlatdar - Correctness of - Held: Not correct - Mere combination of persons - without any intention to carry out a joint venture would not convert them into a body of individuals/association of persons in the absence of a deeming provision in a statute or an agreement - Thus, each couple together with the members of the family (excluding major sons) is a person entitled to hold one μnit - Having regard to s. 6(2) of the Ceiling Act, the share of each couple (husband and wife) in the land, plus any other land individually held by them to be calculated to find out whether they held any land in excess of the ceiling limit - Directions issued - Bombay General Clauses Act, 1904 - s.3(35) --1 Bombay Tenancy and Agricultural lands Act, 1948-s. 63 - Gujarat Agricultural Lands Ceiling Amendment Act,1972 - s.8(1), (2), (3) and (4).Gujarat Agricultural Lands Ceiling Amendment Act,1972 - s.8(1), (2), (3) and (4) - Partition among co-owners taking place on 30. 12. 1971 - Held: By virtue of s. 8, partition effected on 30. 12. 1971 was deemed to be made to defeat the object of Amendment Act, 1972 and consequently partition would have to be ignored while computing the surplus land.Interpretation of statutes: Use of word 'include' -Connotation of- Held: Connotes intention to enlarge meaning of word used in statute.Words and phrases: 'person', 'body of individual','association of persons' - Ordinary and legal meaning of |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2008 INSC 144 |
Petitioner | Raman Lal Bhai Lal |
Respondent | State Of Gujarat |
SCR | [2008] 2 S.C.R. 468 |
Judgement Date | 2008-02-05 |
Case Number | 4420 |
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