VENGDASALAM PILLAI Vs. UNION TERRITORY OF PONDICHERRY

JUDGEMENT

(1.) With the obvious intent of falling in line with the rest of the country in the matter of achieving the social goal of equitable distribution of cultivable lands by the imposition of ceiling on agricultural land holdings and distribution of surplus lands among landless persons, the Legislature of the Union Territory of Pondicherry enacted 'The Pondicherry Land Reforms (Fixation of Ceiling on Land) Act, 1973' (hereinafter called 'the Act'). The, questions arising for determination in this appeal concern the interpretation of some of the provisions of the Act.

(2.) Before we proceed to refer to the relevant sections of the Act, we shall set out in brief the material facts, which have given rise to the controversy before us.

(3.) The appellant Vengdasalam Pillai is married to Smt. Senbagevalli Ammal. Five children-three daughters and two sons-were born to this couple. On March 17, 1970, the appellant effected a partition of all his properties as between himself and his two sons both of whom were minors at that time. This partition was evidenced by a registered document. Under that document the appellant retained in his name an extent of 1-85-63 hectares of land. The first son, Shanmugasundaram (minor) was alloted 7-10-24 hectares and the younger son Srinivasan was allotted an extent of 3.54.82 hectares-of land. An area of 5.74.87 hectares stood registered in the name of the appellant's wife Senbagevalli, the said land having been purchased by her in 1958 by utilising her Sridhanam money.