Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1961: Ss. 3 (14) 22 and 21A Tamil Nadu Land Reforms (Fixation of Ceiling on land) Act 3(34) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Tamil Nadu Land Reforms (fixation of Ceiling on Land) Act, 1961 (58 of 1961) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Tamil Nadu Land Reforms (Fixation of Ceiling on land) Act, 1961- S.3 (14)-Family-Section 3(34)-Person-Meaning of-S.5(1)-Scope of-Lands gifted to unmarried daughter between the date of commencement of the Act, viz. 15.2.1970 and the date of notification viz. 2.10.1970 by her grand father-Held : Not to be included in calculating the holding of the father's family under the Act. Ss.22 and 21A-Scope of-Parent of grand parent voluntarily ' transferring fand on account ofnatural love and affection to any minor son, unmarried daughter, minor grandson or unmarried grand daughter between the date of commencement of the Act viz. 15. 2.1970 and the date of notification viz. 2.10.1970-Held: valid. Words & Phrases-Family-Meaning of in the context of Tamil Nadu Land Reforms (Fixation of Ceiling on land) Act, 1961. The date of commencement of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 according to S.3 (11) of the Act was 15th February, 1970 and the notified date under S.3 (31) was 2.10.1970. Father of the appellant had executed deeds of settlement between 15.2.1970 and 2.10.1970 gifting an extent of 17.615 standard acres of land to the unmarried daughter of the appellant under three documents. Authorities under the Act while calculating the ceiling area of appellant's family included the lands gifted to the daughter of the appellant by the father of the appellant. An order was passed by the Assistant Commissioner (Land Reforms) holding that the family of the appellant consisting of the appellant, his wife and unmarried daughter had a surplus of 18.178 standard acres and directed the appellant to declare the same The appellant filed an appeal in the Land Tribunal which confirmed the order of the Assistant Commissioner in so far as it related to the property of the appellant's daughter. The appellant preferred a Revision before the Land Reforms Special Appellate Tribunal and it was dismissed on the ground that the question stood concluded by a Judgment of this Court in Civil Appeal No. 4419 of 1989 dated 27.10.1993. Against the Order of the Land Reforms Special Appellate Tribunal, the appellant has filed the present appeal. The contention of the respondent was that clause (a) (i) of Explanation II to S.3(14) which defines 'Family' would be applicable for determining the ceiling area of a person as S. (34) which defines 'person' includes any family among others, only if there is transfer by that' person in favour of his/her unmarried daughters or unmarried grand daughters. |
Judge | Hon'ble Mr. Justice M. Srinivasan |
Neutral Citation | 1998 INSC 87 |
Petitioner | V.s. Govindasamy (deceased) Rep. By Lrs. And Ors. |
Respondent | The Director Of Land Reforms, Madras And Ors. |
SCR | [1998] 1 S.C.R. 859 |
Judgement Date | 1998-02-12 |
Case Number | 797 |
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