S KRISHNASWAMY Vs. AUTHORISED OFFICER LAND REFORMS MAYURAM

JUDGEMENT

(1.) IN proceedings for determination of surplus land under the provisions of Tamil Nadu Act 17 of 1970, the petitioner has been held entitled to hold 15 standard acres, while his actual holding has been found to be 19. 67 acres, and to the extent of 4. 67 standard acres has therefore been declared surplus. While determining the total holding of the petitioner, his share to the extent of 8. 96 acres in grama Samudayam lands, the extent of which is 131. 87 acres has been taken into account. The appeal filed by the landowner against this order of the Authorised Officer has been dismissed by the Land tribunal, Thanjavur, who also rejected the contention that the share in Samudayam lands should be excluded.

(2.) IN this revision petition, the learned counsel has reiterated his contention that 4. 67 acres of Samudayam land should not be taken into account for determination of his holding. Now, admittedly, the petitioner holds patta with respect to his share in the Samudayam land and is also paying kist for the same. The definition of owner in Section 3 (33) of the Tamil Nadu land Reforms Act 1961 clearly indicates -- "any person holding land in severalty or jointly or in common under a ryot-wari settlement or in any way subject to the payment of revenue direct to the Government". For the purpose of the Act, therefore, the petitioner will have to be considered as owner in respect of his share in the Samudayam land. The authorities were, therefore, right in including his share in the samudayam land belonging to him as owner.