Venkatramiah, J. - (1.)This appeal by special leave is filed against the order dated March 12, 1969 passed in Civil Revision Petition No. 1791 of 1967 on the file of the High Court of Madras.
(2.)On the date of the commencement of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act 1961 (hereinafter referred to as 'the Act') i.e. April 6, 1960, the appellant owned approximately 47 acres of agricultural lands. 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. Accordingly, he filed his return. In the course 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. 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 appellant's 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. On the above basis, he directed the final statement to be published under Section 12 of the Act. 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 contending 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. 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 Sivgami Achi should be allowed to be retained by her in addition to 30 standard acres. 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 State of Tamil Nadu filed a revision petition under Section 83 of the Act before the High Court against the appellant order. The High Court allowed the revision petition holding that the extent of 8.81 standard acres acquired by Devika was not 'stridhana land' as defined under Section 3 (42) of the Act and could not be treated as such while determining the surplus land. The High Court further held that the land acquired by Devika was governed by Section 21 (1) read with Section 10 (2) (b) of the Act. This appeal is filed against the said order.
(3.)In order to appreciate the submission made on behalf of the parties before us, it is necessary to refer briefly to some of the provisions of the Act. The Act was passed to provide for the fixation of ceiling on agricultural land holdings and for certain other matters connected therewith in the State of Tamil Nadu. Having regard to the limited extent of the area of agricultural land available for cultivation in that State, the great disparity in the ownership of agricultural land leading to the concentration of such land in the hands of certain persons, the need for reduction of such disparity in the ownership of agricultural land in that State and the necessity for fixing a ceiling on the agricultural land holdings, provisions were enacted in the Act fixing a ceiling on the agricultural land holdings and providing for acquisition of agricultural land in excess of the ceiling area and distribution of such land amongst the landless and other persons among the rural population.