SHENBAGAVALLIAMMAL Vs. AUTHORISED OFFICER LAND REFORMS TIRUNELVELI

JUDGEMENT

(1.) THIS Civil Revision Petition has been preferred against the order of the Land Tribunal, Madurai in L. T. C. M. A. No. 62 of 1983, confirming the order of the Authorised Officer (Land Reforms), Tirunelveli, holding that the sales effected by the petitioner on 25. 2. 1970 and 27. 2. 1970 in favour of one Dr. Muthukumarasami and one Milappa pillai, respectively are void.

(2.) THE petitioner held lands in excess of the ceiling area under the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act 58 of 1961 as amended by Act 17 of 1970 (hereinafter referred to as'the Act') on 15. 2. 1970. Between the date of the commencement of the Act, viz. , 15. 2. 1970 and the notified date, viz. , 2-10-1970, the petitioner executed two sale deeds on 25. 2. 1970 and 27. 2. 1970 in relation to 1 acre and 64 cents and 7 acres and 56 cents of lands in favour of Dr. Muthukumarasami and S. Millappa Pillai. Proceedings were initiated under Section 22 of the Act with reference to the sales so executed by the petitioner and the agent of the petitioner represented that the lands sold may be excluded from the holding of the petitioner as the sales had been affected purusant to agreements of sale entered into prior to 15. 2. 1970 and for the purpose of paying the Estate Duty payable on the estate of the husband of the petitioner. On receipt of the notice by the purchasers under the sale deeds dated 25. 2. 1970 and 27. 2. 1970, they raised a plea in their representations that the lands has been purchased by them under agreements entered into on 19. 1. 1970 and 11. 2. 1970 and that they had also been put in possession of the property purchased even on the date of the respective agreements and the sales in question would not, therefore, be hit by section 22 of the Act.