NARAYANA PATTAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The question that squarely arises in this revision petition is whether in determining the validity of the alienations in excess of the ceiling area effected after 15-9-1963 (date of publication of Land Reforms Bill, 1963), and before 1-1-1970 (date of coming into force of Act 35 of 1969), the ceiling is to be reckoned with respect to the provisions of the Amending Act 35 of 1969, or with respect to the prior law. In Joseph v. State of Kerala ( 1973 KLT 701 ) a Division Bench consisting of myself and Viswanatha Iyer, J. held that the validity of the alienations had to be judged with respect to the law as to ceiling area in force on the date of the transfers and not the law on the effectuation of the ceiling area by notification issued under S.83 of the Act, viz., 1-1-1970. Viswanatha Iyer, J who referred this case to a Division Bench recorded his view that although the learned Judge was a party to the decision in 1973 KLT 701, he had not expressed any opinion either agreeing or disagreeing with my judgment. The Division Bench (Eradi & Viswanatha Iyer, JJ.) has not expressly doubted the correctness of the earlier ruling of ours, but has left it to be implicit from the reference to the Full Bench. This was made amply clear at the hearing of this revision petition. The judgment delivered by me in 1973 KLT 701 was not my individual judgment, but one on behalf of the Division Bench, and had been signed also by my learned brother Viswanatha Iyer, J. It would not be correct to state that the learned Judge had not expressed any view. That would, of course, not preclude him from doubting the correctness of the earlier view.

(2.) The scheme of the provisions of the Act regarding ceiling, may be briefly noticed. The expression "ceiling area" is defined in S.2(3) of the Act, as the extent of land specified in S.82 as the ceiling area. Chap.3 is titled: "Restriction on ownership and possession of land in excess of ceiling area and disposal of excess land." Broadly stated, the scheme of the sections in this Chapter is this. S.81 provides for categories of lands exempted in reckoning the ceiling area. S.82 lays down the ceiling area in the case of an adult unmarried person, family of two or more, family of more than five, and any other person. S.83 makes unlawful the holding or possession of lands in excess of the ceiling area with effect from such late as may be notified by the Government. The notified date is 1-1-1970. S.84 provided that all voluntary transfers effected after the date of publication of the Kerala Land Reforms Bill 1963 (viz. 15-9-1963) in excess of the ceiling area shall be deemed to be transfers calculated to defeat the provisions of the Act and shall be invalid. S.85 provided for surrender of excess lands to the Government, i e. lands in excess of the ceiling area on the date notified under S.83. The rest of the sections are immaterial.

(3.) In the light of the above provisions, the question for decision, is, whether the invalidating Section viz. S.84 is to be applied to an alienation effected prior to 1-1-1970 with reference to the determination of ceiling effected by the notification dated 1-1-1970, or whether the same is to be adjudged with respect to the ceiling area provided in S.82 of the Act, as it stood on the date of the alienation. The Division Bench in 1973 KLT 701 held in favour of the latter. The correctness of the view has been canvassed.