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K.T. Parasuramaswami Gounder and anr. Vs. the Land Commissioner, Board of Revenue and anr. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai High Court
Decided On
Reported in(1981)1MLJ22
AppellantK.T. Parasuramaswami Gounder and anr.
RespondentThe Land Commissioner, Board of Revenue and anr.
Excerpt:
- - even though the above observation is in favour of the appellants herein, as far as the position of the law is concerned as indicated above, there is no escape from the conclusion that the appellants must be deemed to have held 3.631/2 acres also on 2nd october, 1962, because of the statutory fiction that patta must be deemed to have taken effect on 6th april, 1980. under these circumstances, these appeals fail and are dismissed......to the facts in w p no. 1092 of 1980. on 2nd october, 962, that is the notified date of the tamil nadu land reforms (fixation of ceiling on land) act, 1961, the appellant had 15 standard acres, this did not include 3.631/2 acres, which were pending adjudication before the minor inams tribunal, inasmuch as the inam had been notified under tamil nadu act xxx of 1963. on 7th july. 1971, the appellant sold away 1.93 acres and on 11th july, 1972 similarly he sold away 7.7 acres. on 19th february, 1973, the minor inams tribunal directed the issue of a ryotwari patta in respect of 3.631/2 acres. it was in those circumstances only a final statement was issued under section 12 of the tamil nadu land reforms (fixation of ceiling on land) act, 1961, that the appellant's holding was in excess of 15.....
Judgment:
ORDER

M.M. Ismail, C.J.

1. These are appeals against the order of Mohan, J , dated 7th March, 1980 dismissing Writ Petitions Nos. 1092 and 1093 of 1980 filed by the appellants herein. It is admitted that the facts are identical and therefore, it is enough if we refer to the facts in W P No. 1092 of 1980. On 2nd October, 962, that is the notified date of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, the appellant had 15 standard acres, this did not include 3.631/2 acres, which were pending adjudication before the Minor Inams Tribunal, inasmuch as the inam had been notified under Tamil Nadu Act XXX of 1963. On 7th July. 1971, the appellant sold away 1.93 acres and on 11th July, 1972 similarly he sold away 7.7 acres. On 19th February, 1973, the Minor Inams Tribunal directed the issue of a ryotwari patta in respect of 3.631/2 acres. It was in those circumstances only a final statement was issued under Section 12 of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, that the appellant's holding was in excess of 15 acres, as 3.631/2 acres of land, in respect of which patta was granted to the appellant by the Tribunal on 19th February, 1973 was included in the holding of the appellant. The appellant contended that no such inclusion could be made, because, patta was granted only on 19th February, 1973, was included in the holding of the appellant. The appellant contended that no such inclusion could be made, because, patta was granted only on 19th February, 1973 and consequently, the lands in respect of which patta was so granted ought not to be taken into account as part of his holding for determining his ceiling. This objection was overruled by the authorities and hence, the writ petition. The learned Judge having dismissed the writ petitions, the present writ appeals have been preferred.

2. In this context it is relevant to point out the specific provision made in Sub-section (3) of Section 50 of Tamil Nadu Act XXX of 1963 under which alone the patta for 3.631/2 acres was granted to the appellants herein. That provision states:

For the purposes of the Madras Land Reforms (Fixation of Ceiling on Land) Act (LVIII of 1961), any ryotwari patta granted under this Act shall be deemed to have taken effect on the 6th day of April, 1960 and for the purposes of calculating the standard acre under the Act, 'land revenue' shall, in respect of the land referred to in Sub-section (1), mean the ryotwari assessment payable in pursuance of the ryotwari settlement referred to in Sub-section (2).

Thus, it is clear that Section 50(3) of Tamil Nadu Act XXX of 1963 has created an express iction that independent of the date of the grant of ryotwari patta to a person under the provisions of that Act the patta must be deemed to have been taken effect on 6th April, 1969. By the application of this fiction, the appellants must be deemed to have held 3.631/2 acres also on the notified date, namely 2nd October, 1962. If that is the legal consequence, the authorities cannot be said to have acted illegally in the case. As a matter of fact, as we pointed out already, the appellants approached the authorities and one such authority was the Commissioner, Board of Revenue. He while, referring to the above legal position, observed:

However, if petitioner has not had an opportunity to specify the lands to be declared as surplus, he may be given such an opportunity and his offer considered with reference to the provisions of the law.

Even though the above observation is in favour of the appellants herein, as far as the position of the law is concerned as indicated above, there is no escape from the conclusion that the appellants must be deemed to have held 3.631/2 acres also on 2nd October, 1962, because of the statutory fiction that patta must be deemed to have taken effect on 6th April, 1980. Under these circumstances, these appeals fail and are dismissed. There will be no order as to costs.


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