Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Agricultural Lands (Ceiling on Holdings) Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961-Section 3(1) r/w section 10(1)(a) Explanation-I and II-Applicability-Ceiling area-Determination of-Consequences of certain transfers and acquisition of land-Transfers made prior to 26th September, 1970--Unregistered documents-Transfers to be treated as made after 26th September, 1970 in anticipation of or in order to avoid object of Amending Act, 1972-These lands to be taken into consideration in calculating ceiling area of transferor of lands.The respondent landlord was possessed of various pieces of agricultural lands. He filed a return of agricultural land holding under section 12 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961. On enquiry revealed that the respondent had agreed to sell some land on the basis of unregistered agreements of sale executed on 1-4-1968. The respondent claimed that these lands covered by the agreements could not be included in his holding. However, the competent authority did not allow these transactions by treating them to be invalid. It was held that they were hit by Section 10 of the Ceiling Act. The respondent challenged this order by filling an appeal before the Revenue Tribunal. The Appeal was dismissed.The writ petition filed against the order was allowed by the High Court holding that though these agreements were hit by Section 10 or the Ceiling Act, the concerned transfers were protected by Section 53A or the Transfer of Property Act, and as the respondent was not In actual cultivation or these lands on the commencement date, the Tribunal was in error in conflicting the order or the original authority adding these lands to holding of the respondent. The High Court further took the view that merely because of unregistered agreements entered into by the land holder it was not possible to give an extended meaning to Explanation II to Section 10(1) of the Ceiling Act and, therefore, the matter was required to be re-examined In the context of the provisions or Section 2(14) or the Ceiling Act. Accordingly, the order of the Tribunal was set aside and the matter was remanded for a fresh decision of the Tribunal. Hence this appeal.The appellant State contended that the entire approach of the High Court was erroneous and the order of remand passed was contrary to the very scheme of the Act especially Section 10 read with section 8 of the Act and no further enquiry was required. It was submitted that the lands were admittedly conveyed to prospective purchasers- transferees by agreement of sale dated 1.4.1968. The agreements being unregistered, on combined operation of the first Explanation to section 10 and Section 8, these agreements would be covered by the sweep of the second explanation to section 10. Consequently, it had to be held that these transactions would be treated to have come into existence between 26-9-1970 and the commencement date. Therefore, Section 10(1)(a) would get attracted and would treat these transactions to have been entered in anticipation of or in order to avoid or defeat the object of the Amending Act, 1972 and consequently these lands covered by these transactions had to be taken into consideration in calculating the ceiling area of the transferor of such lands. It was contended that the question of applicability of Section 53-A of the Transfer of Property Act was totally irrelevant for deciding this controversy.The respondent submitted that Explanation II to Section 10 created a rule of evidence and even assuming that an unregistered transfer prior to 26-9-1970 was to be ignored, still the enquiry into the question whether the person concerned was holding the land lawfully and was in actual possession of the land as owner or tenant would be required to be under taken. It was alternatively contended that the transferees of such lands could be said to be deemed tenants under section 4 of the Bombay Tenancy and Agricultural Lands Act, and even on that ground that lands held by such transferees as deemed tenants could not be clubbed with the holding of the transferor. |
Judge | Hon'ble Mr. Justice S.B. Majmudar |
Neutral Citation | 1995 INSC 82 |
Petitioner | State Of Maharashtra |
Respondent | Gulab Rao |
SCR | [1995] 1 S.C.R. 682 |
Judgement Date | 1995-01-30 |
Case Number | 2728 |
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