UNION OF INDIA Vs. JAYACHANDRAN

JUDGEMENT

(1.) REVISION petitioners are, Union of India represented by the Secretary to Government, Revenue Department, Government of Pondicherry, and the Authorised Officer (Land Reforms), Karaikal, under the Pondicherry Land Reforms (Fixation of Ceiling on Land) Act.

(2.) BY the impugned order, the Appellate Authority under the Pondicherry Land Reforms (Fixation of Ceiling on Land) Act, 1973 has held that the property belonging to respondent herein is not liable to be included in the family of Ramakrishna Naicker. The Authorised Officer issued notice to Ramakrishna Naicker since he was of the view that he was holding properties in excess of the ceiling limits provided under that Act. The Act came into force on 1-3-1975. For the purpose of fixing the ceiling limit, the Act fixed a date known as appointed date. The said date is 24-1-1971. The Authorised Officer was of the view that since the respondent herein was a minor on the appointed date, and also on the date when the Act came into force, the respondent herein was a minor, the property belonging to him or properties which stood in his name also will have to be taken into consideration for fixing the ceiling limits of the family. It is seen that Ramakrishna Naicker executed a gift in favour of his son, the respondent herein, on 27-2-1963, while he was a minor. The second petitioner herein fixed the ceiling limit of the family taking into consideration the property covered by the gift also. According to him since the respondent herein is a member of the family, his property also will have to be included.

(3.) THE admitted facts are: Respondent was born on 22-10-1957 and the gift was executed in his favour on 27-2-1963. THE appointed date under the Act is 24-1-1971 and the Act came into force on 1-3-1975. If the French Law is to be applied, respondent will become a major on 22-10-1973. If the Indian Majority Act is to be applied, he will become a major on 22-10-1975. If the French Law is to be applied, on the date when the Act came into force on 1-3-1975, he becomes a major.