M JENNY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This revision petition involves the scope and ambit of section 7 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Amendment Act, 1977 (hereinafter referred to as the 'Amendment Act'). The facts giving rise to the question are these :

(2.) M. Jenny, a Christian, filed a declaration under section 8 of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as the 'Principal Act'). In the declaration, he declared that his family consisted of three major sons and one major daughter. The Land Reforms Tribunal, Srikakulam took the declaration on file as L. C. C. No. 967/ PPM/75. The Tribunal after proper enquiry as contemplated under the provisions of the Act, computed the total holding of the declarant at 1.6799 standard holdings, But since the declarant's family unit was entitled to one standard holding, the Tribunal determined under section 9 of the Principal Act, that the declarant holds land in excess of the ceiling area on the notified date i. e., 1st January, 1975, to the extent of 0.6799 standard holding and was liable to surrender the same under section 10 (1) of the Principal Act. The appeal preferred by the declarant to the Land Reforms Appellate Tribunal was also unsuccessful. The declarant surrendered the surplus land on 24th January, 1977.

(3.) There was public agitation that under the existing ceiling law, the Muslim and the Christian communities were adversely affected in the determination of ceiling area since the incidents of a joint family applicable to Hindu were not applicable to Christians and Muslims. Therefore, to give benefit to the major sons of Christians and Muslims; who are not entitled to any share in the ancestral property by birth the amendment Act, was passed. The amendment Act, received the assent of the President on 29th April, 1977 and was published in the A.P. Gazette on 30th April, 1977. Under sub-section (2) of section 1 of the amendment Act, it shall be deemed to have come into force on the 1st day of January, 1975, the date on which the Principal Act, itself came into force. By section 3 of the amendment Act, section 4-A was inserted. Section 4-A provides that an indi vidual or an individual who is a member of a family unit, has one or more major sons and any such major son either by himself or together with other members of the family unit of which he is a member, holds no land or holds an extent of land less than the ceiling area, then, the ceiling area, in the case of the said individual or the family unit of which the said individual is a member computed in accordance with section 4, shall be increased in respect of each such major son by an extent of land equal to the ceiling area applicable to such major son or the family unit of which he is a member, or as the case may be, by the extent of land by which the land held by such major son or the family unit of which he is a member falls short of the ceiling area. Section 7 of the amendment Act provides the procedure to be adopted for the relief to be claimed by the persons affected by the provisions of the Principal Act as amended by the amendment Act. Since the declarant was affected by the provisions of the Principal Act, he claimed relief under the provisions of the amendment Act. He filed an application on Hth July, 1977 before the Land Reforms Tribunal, Srikakulam, claiming that under section 7 (3) of the Amendment Act, he had three major sons and since none of them had any land they were each entitled to one standard holding under section 4-A of the amendment Act, that therefore, he was not liable to surrender any land and that, a fresh determination of the excess land, if any, may be made under section 9 of the Principal Act. That application was dismissed by the Land Reforms Tribunal and it was observed as follows :