The State of Tamil Nadu filed a revision petition under section 83 of the Act before the High Court against the appellate order.
The case was, however, remitted back to the Authorised Officer for making a fresh determination of the surplus extent of land in accordance with the order passed in appeal.
The case of the appellant before the Authorised Officer, the Subordinate Judge and the High Court was that in view of section 5 4 a of the Act, the ceiling area should have been fixed in his case at 30 standard acres plus the extent of land bequeathed in favour of his wife i.e. 8.81 standard acres.
Under section 3 14 of the Act, family in relation to a person meant the person, the wife or husband as the case may be, of such person and his or her minor sons and unmarried daughters and minor grandsons and unmarried grand daughters in the male line, whose father and mother were dead.
Aggrieved by the order of the Authorised Officer, the appellant filed an appeal before the Land Tribunal i.e. the Subordinate Judge of Thanjavur under section 78 of the Act companytending inter alia that the extent of 8.81 standard acres which had been bequeathed in favour of his wife, Devika by his mother Sivagami Achi under the will referred to above was stridhana land and had to be dealt with accordingly as required by section 5 4 a of the Act.
Accordingly, he filed his return.
916 of 1971.
Section 3 7 of the Act defined ceiling area as the extent of land which a person was entitled to hold under section 5.
During the period in question, the relevant part of section 5 of the Act read as follows 5.
The draft statement relating to the holding of the appellant was published on May, 30, 1965 and the Authorised Officer passed his order on March 14, 1966 treating the lands bequeathed by Sivagami Achi in favour of the appellant and his wife as part of the holding of the family companysisting of the appellant and his wife.
The petitioner questioned the companyrectness of the order of the Tribunal before the High Court of Madras in C.R.P. No.
The appellant married Devika on June 29, 1960.
Appeal by Special Leave from the Judgment and Order dated 12th March, 1969 of the Madras High Court in Civil Rev. Petition No.
It is on the decision rendered on the review petition the reliance is placed by the appellant before us.
Section 3 42 of the Act defined stridhana land as any land held on the date of the companymencement of the Act by any female member of a female in her own name.
On the above basis, he directed the final statement to be published under section 12 of the Act.
That petition was dismissed by Ganesan, J. on the ground that in view of the definition of stridhana land in section 3 42 of the Act, the petitioner therein was number entitled to hold 10 standard acres as stridhana property, in addition to the 30 standard acres allowed to the family companysisting of herself and her husband.
The Authorised Officer after ascertaining the true extents of the several bits of agricultural land held by the appellant on April 6, 1960, exempted 2.21 acres of land under section 73 of the Act and determined the extent of surplus land which had to be surrendered by the appellant under the Act at 12.803 standard acres on the basis that the appellants family which included his wife was holding 44 46 acres as also the land which the appellant and his wife got under the will of Sivagami Achi.
Section 3 11 of the Act defined the expression date of the companymencement of this Act as the date on which the Tamil Nadu Land Reforms Fixation of Ceiling on Land Bill, 1960 was published in the Fort St. George Gazette, namely, the 6th day of April, 1960.
Thereafter a petition was filed before the High Court by the petitioner therein to review the order passed by Ganesan, J. The review petition came up for decision before another learned Judge who allowed the same by his order dated November 2, 1972.
The learned Subordinate Judge accepted the case of the appellant that the extent of 8.81 standard acres acquired by Devika on the death of Sivagami Achi should be allowed to be retained by her in addition to 30 standard acres.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Sivagami Achi died on April 20, 1962 and on her death, the appellant and Devika became entitled to the land bequeathed in their favour by her.
In the companyrse of the enquiry, the Authorised Officer found that under a will made by Sivagami Achi, the mother of the appellant, who died on April 20, 1962, the appellant became entitled to 4.99 standard acres and his wife, Devika got 8.81 standard acres of agricultural land.
Jayaram and K. Ramkumar for the Appellant.
He was required to file a statement under section 8 of the Act within 90 days from the date specified in the Notification issued by the Government in that behalf in respect of all lands held or deemed to have been held by him furnishing the particulars mentioned in that provision to the Authorised Officer within whose jurisdiction his holding or major part thereof was situated.
1592 of 1969.
V. Rangam for the Respondent.
On the date of the companymencement of the Tamil Nadu Land Reforms Fixation of Ceiling of Land Act, 1961 hereinafter referred to as the Act i.e. April 6, 1960, the appellant owned approximately 47 acres of agricultural lands.
1791 of 1967 on the file of the High Court of Madras.
Section 3 34 of the Act defined the expression person as including any trust, companypany, family, firm, society or association of individuals, whether incorporated or number.
The Judgment of the Court was delivered by VENKATARAMIAH, J. This appeal by special leave is filed against the order dated March 12, 1969 passed in Civil Revision Petition No.
1791/67.
