SHARANAPPA BASAPPA DINDAWAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal by special leave arises from the judgment and order of the Karnataka High court made on 17/11/1989 in Writ Appeal No. 1830 of 1984. The admitted position is that under Section 66 of the Karnataka Land Reforms Act, 1961 (10 of 1962, as amended by the 1974 Amendment Act (for short, "the Act") the ceiling area has been determined as 54 acres. The appellant had in his possession 15 acres 6 gunthas in Survey No. 102 and 28 acres 10 gunthas in Survey No. 28/2 in Ankalagi village in Bijapur taluk. By a registered exchange deed dated 18/8/1971, the appellant had exchanged 28 acres 10 gunthas of land with Gurappa Bhimaraya Birdar's 30 acres 24 gunthas of land in Survey No. 175 of the same village. Earlier, he had a total extent of 43 acres 16 gunthas and by virtue of the exchange deed, he had 45 acres 30 gunthas. Thus, he remained within the ceiling limit of rural land.

(2.) The question that arises is whether the 30 acres 24 gunthas of land obtained by the appellant in exchange of 28 acres 10 gunthas could be included in his total holding of 43 acres 16 gunthas The High court relying upon the explanation to Ss. (10 of Section 63 construed that since the appellant had 30 acres 24 gunthas by exchange after 24/1/1971, the said land should also be included in his holding in addition to 15 acres 6 gunthas and 28 acres 10 gunthas situated in the aforestated survey number. Thereby, the appellant was found in excess of the ceiling limit. Accordingly, the surplus land was directed to be surrendered. Thus, this appeal by special leave.

(3.) The Act had come into force on 15/3/1962. The Amendment Act came into force on 1/3/1974. Section 2 (7 defines "ceiling area" to mean an extent of land which a person or family is entitled to hold under Section 63. The Act does not define the word 'exchange'. Section 118 of the Transfer of Property Act, 1882 defines 'exchange' and provides that where two persons mutually transfer the ownership of one thing for ownership of another, neither thing or both things being money only, the transaction is called an 'exchange'. It would thus be clearthat transfer of the property is complete between two persons in the manner provided under the transfer of the property by way of exchange duly registered under the Registration Act. The exchange deed having been duly registered a between the two persons by operation of Section 17 of the Registration Act, 1908, the right, title and interest of the land held by the two persons stood mutually transferred to each other. Consequently, 28 acres 6 gunthas of land held by the appellant in Survey No. 28/2 stood exchanged with 30 acres 24 gunthas of the land in Survey No. 175 belonging to Gurappa Bhimaraya Birdar; thereby, the appellant got 30 acres 24 gunthas while Gurappa Bhimaraya Birdar had 28 h acres 10 gunthas of the land. The appellant by virtue of exchange came to possess land to the extent of 45 acres 30 gunthas.