8824 of 1989 which was transferred to the Special Appellate Tribunal hereinafter referred to as the Tribunal on the Constitution of the same.
The appellant is the son of said Kuppamal.
Further treating the first wife Nallammal as limited owner and thereby companying within the purview of owner under Section 3 33 of the Principal Act, the authorities under the Act declared an extent of 36.65 ordinary acres equivalent to 9.163 standard acres out of 91.78 1/2 ordinary acres equivalent to 24.393 standard acres of land as surplus.
17 of 1994 dated 28lh March, 1995.
The said Sellappa Gounder had a daughter through Periammal by name Kuppammal.
Before the Tribunal two companytentions were raised.
Aggrieved by that after exhausting the statutory remedies, the appellant moved the High Court by filing Writ Petition No.
This companytention was number accepted by the Tribunal in view of Section 3 33 of the Act which includes limited owner also in the definition of owner.
The provisions of the Tamil Nadu Land Reforms Reduction of Ceiling on Land Act, 1970 hereinafter referred to as the Act came into force on 15.2.1970.
The Authorities under the Act assumed that on the death of Periammal, Nellammal succeeded to the entire estate by survivorship.
As per the terms of the will, the properties set out thereunder will have to be enjoyed by the widows in equal shares during their lifetime and if any one of them pre deceased, the survivor will enjoy the entirety.
Periammal, the second wife of the said Sellappa Gounder died in 1967.
This companytention also was rejected by the Tribunal holding that on date of companying into force of the Act on 15.2.1970, there was numberlitigation pending regarding title and interest of Nallammal and as such the subsequent proceedings cannot be taken numbere of.
Venkataswami, J. This appeal by special leave is preferred against the order of the Tamil Nadu Land Reforms Special Appellate Tribunal, Madras in T.R.P. No.
And after the death of both, his daughter Kuppammal will enjoy for her life time and after her death the children of Kuppammal will enjoy absolutely.
One Sellappa Gounder died in the year 1949 leaving behind two wives, Nallammal and Periammal and also a registered will dated 16.2.1948.
