UTHIRAPATHI SERVAI Vs. K S THIRUMALAI IYENGAR

JUDGEMENT

(1.) THE two petitioners are tenants and the present revision is filed against the order of the Land Tribunal, Thanjavur, which directed the petitioners to deliver an extent of 2.64 standard acres, which they are holding in excess of the ceiling limit fixed under Tamil Nadu Act of LVIII of 1961. THE Tribunal confirmed the order passed by the Authorised Officer, while disposing of an appeal filed before it under section 78 of the Act LVIII of 1961.

(2.) THE Authorised Officer initiated action under the Act on the application of the Iand owners to resume their lands in Karuvelangulam village ofan extent of 3.8 acres from the petitioners herein, on the ground that they are jointly cultivating the lands beyond the ceiling limit. THE first petitioner herein filed a petition stating that he is not a member of an undivided Hindu family as claimed and that, even during the lifetime of their father late Lakshmana Servai, there was an oral partition, which took place 9 years back and that each one of them is holding lands within the ceiling limit. It is not in dispute that Lakshmana Servai was the lessee of the land till he died in 197l. Both the petitiorers claimed that they have inherited the leasehold right of their father,and after his death, they have divided the lands and that the two petitioners are holding 4.87 and 5.08 acres respectively.

(3.) THE Authorised Officer, while passirg the order rejected the claim of oral partition, since no material was placed about any partition having been effected and held that the two petitioners have been cultivating the land as 'association of persons' and therefore, the extent of 2.64 standard acres will have to be surrendered. THE crucial date for determination was taken as 2nd October, 1962.