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Dr. A. Somasundaram Vs. the State of Tamil Nadu Represented by the Collector and anr. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai High Court
Decided On
Reported in(1972)2MLJ308
AppellantDr. A. Somasundaram
RespondentThe State of Tamil Nadu Represented by the Collector and anr.
Excerpt:
- .....effected on or after the notified date, the extent of land held by the transferee exceeds the ceiling area, then, the right, title or interest accrued, in his favour by virtue of such transfer in the land in excess of the ceiling area shall as a penalty for contravention of the provisions of section 7, be deemed to have been transferred to the government with effect from the date of such transfer. section 7 prescribes that on and from the date of the commencement pf the act no person shall be entitled to hold lands in excess of the ceiling area unless in. accordance with the provisions of the act. thus, under section 20 of the said act any transfer of land either by sale, gift, exchange, surrender, agreement, settlement or otherwise will not vest title on the transferee, but will.....
Judgment:
ORDER

P.S. Kailasam, J.

1. The Government assigned to the petitioner 77-47 standard acres, otherwise than under the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948, after the notified date. The question arises whether this assignment would come within the provision under Section 20 of the Madras Land Reforms. (Fixation of Ceiling on Land) Act, 1961. The Government have considered, the petitioner's case and granted patta outside the Abolition Act, by assignment.

2. Section 20 of the Madras Act LVIII of 1961, provides that if, as a result of any transfer of land either by sale, gift, exchange, surrender, agreement, settlement or otherwise effected on or after the notified date, the extent of land held by the transferee exceeds the ceiling area, then, the right, title or interest accrued, in his favour by virtue of such transfer in the land in excess of the ceiling area shall as a penalty for contravention of the provisions of Section 7, be deemed to have been transferred to the Government with effect from the date of such transfer. Section 7 prescribes that on and from the date of the commencement pf the Act no person shall be entitled to hold lands in excess of the ceiling area unless in. accordance with the provisions of the Act. Thus, under Section 20 of the said Act any transfer of land either by sale, gift, exchange, surrender, agreement, settlement or otherwise will not vest title on the transferee, but will vest with the Government. The question is whether the assignment by the Government will come under any of the transactions mentioned in Section 20 of the said Act, namely, assignment, sale, gift, exchange, surrender agreement, or settlement. The word 'or otherwise effected' can only be read ejusdem generis with any of the transactions mentioned earlier. As the assignment cannot be brought under any transfer 'otherwise effected' the transaction cannot be held to be one under Section 20. Therefore, the penalty provided under Section 20 cannot be applicable. The result will be, though the petitioner cannot claim anything more than the ceiling area, the penal provisions of Section 20 will not be applicable. The Government, of course, will be at liberty to deal with the excess area according to Act LVIII of 1961, otherwise than under Section 20.

3. The civil revision petition is allowed to the extent indicated above.


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