V GOVINDASWAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This revision petition was initially heard by Nainar Sundaram J. but as the learned Judge did not agree with the view expressed by Mohan J. in C. R. P. 904 of 1974, which was relied on by the respondent, he referred the matter for an authoritative ruling of a Division Bench.

(2.) The Authorised Officer (Land Reforms), Mayuram, initiated proceedings for the fixation of the ceiling area of the petitioners herein who are husband and wife under the provisions of the Tamil Nadu Reforms (Fixation of Ceiling on Land) Act (Act 58 of 1961) (hereinafter referred to as the Act) as amended by the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, Act 17 of 1970. The holdings held by each of the petitioners on the relevant date were as follows : <FRM>JUDGEMENT_14_TLMAD0_1978Html1.htm</FRM> In the draft statement issues under S. 10 (1) of the Act, it was proposed to declare an extent of 8. 03 ordinary acres equivalent to 5.02 standard acres as surplus from the above holdings. The first petitioner filed his objections to the draft statement contending (1) that his family consists of 9 members, namely, himself, his wife, five sons and two unmarried daughters and as such, his family is entitled to hold 30 standard acres and (2) that in pursuance of an agreement of sale entered into on 2-1-1970 with one Ghouse Maracair, he had parted with possession of 8.43 1/2 ordinary acres and hence the said extent should be excluded from the holding of the family. The Authorised Officer repelled these objections and declared an extent of 5.03 standard acres as surplus as proposed in the draft statement.

(3.) Aggrieved by the decision of the Authorised Officer, the petitioners preferred an appeal, C. M. A. 12 of 1973 to the Land Tribunal (Subordinate Judge) of Mayuram. That appeal having been dismissed, the petitioners have preferred this revision petition.