K.Venkataswami, J. - (1.) This appeal by special leave is preferred against the order of the Tamil Nadu Land Reforms Special Appellate Tribunal, Madras in T.R.P. No. 17 of 1994 dated 28th March, 1995.
(2.) One Sellappa Gounder died in the year 1949 leaving behind two wives, Nallammal and Periammal and also a registered will dated 16-2-1948. The said Sellappa Gounder had a daughter through Periammal by name Kuppammal. The appellant is the son of said Kuppammal. As per the terms of the will, the properties set out thereunder will have to be enjoyed by the widows in equal shares during their lifetime and if any one of them pre-deceased, the survivor will enjoy the entirety. And after the death of both, his daughter Kuppammal will enjoy for her life time and after her death the children of Kuppammal will enjoy absolutely.
(3.) Periammal, the second wife of the said Sellappa Gounder died in 1967. The provisions of the Tamil Nadu land Reform(Reduction of Ceiling on Land) Act, 1970 (hereinafter referred to as "the Act") came into force on 15-2-1970. The Authorities under the Act assumed that on the death of Periammal, Nellammal succeeded to the entire estate by survivorship. Further treating the first wife Nallammal as limited owner and thereby coming within the purview of 'owner' under S. 3(33) of the Principal Act, the authorities under the Act declared an extent of 36.65 ordinary acres equivalent to 9.163 standard acres out of 91.781/2 ordinary acres equivalent to 24.393 standard acres of land as surplus. Aggrieved by that after exhausting the statutory remedies, the appellant moved the High Court by filing Writ Petition No. 8824 of 1989 which was transferred to the Special Appellate Tribunal (hereinafter inafter referred to as " the Tribunal) on the constitution of the same.;