M.K. HARIHARA IYER Vs. THE AUTHORISED OFFICER LAND REFORMS, TIRUNELVELI

JUDGEMENT

(1.) This revision petition is filed by the land owner against the decision of the Land Tribunal (Subordinate Judge, Tirunelveli dismissing Civil Miscellaneous Appeal (Land Tribunal) No. 42 of 1970 filed by him. In the enquiry held by the Authorised Officer Land Reforms under S.9(2) of the Madras Land Reform (Fixation of Ceiling on Land) Act (Act 58 of 1961) hereinafter, referred to as the Act, the revision petitioner raised several objections but they had been overruled. Then the revision petitioner filed the abovesaid Civil Miscellaneous Appeal before the Land Tribunal under S.78 (1) of the Act. The Land Tribunal concurred with the view of the Authorised Officer and has dismissed the Civil Miscellaneous Appeal.

(2.) I am dealing with the points raised by the learned counsel for the revision petitioner seriatim. The first point raised is in respect of the lands alienated under four documents. Two of those documents are dated 1 -10 -1970 and both of them are settlement deeds in favour of unmarried daughters. The third is a sale deed dated 26 -4 -1970 in favour of a third party and the fourth is another sale deed dated 23 -4 -1969, in favour of another third party. The learned counsel pressed this point only in respect of the two settlement deeds dated 1 -10 -1970 and the sale deed dated 26 -4 -1970 which are between the date of commencement of the Act after the Tamil Nadu Land Reforms (Reduction of Ceiling on Land) Act, 1970 (Act of 17 of 1970) hereinafter referred to as the Amending Act, came into force and 2 -10 -1970 the noticed date thereof. Admittedly the proceedings before the Authorised Officer commenced very much prior to the coming into force of the Amending Act. Under S.3 (1) of the Amending Act, all proceedings taken under the provisions of the Act (Principle Act) before the date of the publication of the Amending Act may be continued or enforced after the said date in accordance with the provisions of the Act (Principal Act) as if the Amending Act had not been passed. This provision is subject to sub S.(2) of the said Sec. which says that nothing in sub S.(1) shall be deemed to entail any person to hold after the 15th February, 1970 Land in excess of the dealing area under the Principal Act as modified by S.(2) of the Amending Act and the provisions of the Act (Principal Act) as modified by S.(2) of the Amending Act, Shall after, the said date, apply to such person. S.2 of the Amending Act modified several provisions of the Act (Principal Act) and one of the provisions modified is regarding the ceiling limit. While under the Act, the ceiling limit was 30 standard acres, according to the modification effected by the Amending Act, the ceiling limit is reduced to 15 standard acres. The same Sec. (S.2 of the Amending Act) also introduced Awxrion 21 -A in the Act. The effect that provision is that though under S.22 of the Act, in fixing the ceiling area, transfers effected by the land owners have to be ignored under certain circumstances, under S.21 -A introduced by the Amending Act, certain transfers effected after the date of commencement of the Act but before the notified date are not to be ignored and they should be held valid. The date of commencement of the Act and the notified dated referred to in this Sec. would be 15 -2 -1970 and 2 -10 -1970 respectively though under the Act as it originally stood before the coming into force of the Amending Act the relevant dates were 6 -4 -1960 and 2 -10 -1962. The two settlement deeds both dated 1 -10 -1970 and one sale deed 26 -4 -70 are between the date of commencement namely, 15 -2 -1970, and the notified date namely 2 -10 -1970. It has been held in Fakir Mohamed and another v/s. The State of Tamil Nadu represented by the Collector of Tanjavur CRP. No. 1197 of 1971, by a bench of this Court to which I was a party that even in respect of proceedings which commenced prior to the coming into force of the Amending Act, an affected person can take advantage of the provisions contained in S.21 -A. In interpreting sub -S.(2) of S.3 of the Amending Act, the Division Bench had held that as S.2 of the Amending Act effected modification to the Act by reducing the ceiling area but at the same time introduced S.21 -A of the Act (Principal Act) the reduction of the ceiling should be read with S.21 -A. It has been held that the reduction is subject to S.21 -A introduced by the Amending Act which meant that even in the respect of proceedings which commenced earlier to the coming into force of the Amending Act which meant the affected person can take advantage of the provisions contained in S.21 -A. Therefore, the Authorised Officer cannot ignore the two settlement deeds both dated 1 -10 -1970 and the sale deed dated 26 -4 -1970 in fixing the ceiling area. However, if these transfers are meant to defeat any of the provisions of the Act, then the Authorised Officer may declare the said transfers to be void under S.22 of the Act. In Naganatha Iyer v/s. Authorised Officer, 84 L.W. 69=, 1971 I M.L.J. 274, Ramanujam, J. has pointed out that all transfers effected between the date of commencement of the Act and the notified date cannot be declared to be void as defeating the provisions of the Act. It has been pointed out that only if the transfers are really not transfers but sham and nominal transactions or bogus transactions they would be defeating the provisions of the Act and that only then they can be declared to be void under S.22 of the Act. Bearing the principles laid down in that judgment, the authorised officer has to make further enquiries regarding the said three transactions namely the two settlement deeds both dated 1 -10 -1970 and the sale deed dated 26 -4 -70 and pass suitable orders thereon.

(3.) The sale deed dated 23 -4 -1969 is outside the two dates, namely, 1 -2 -1970 and 2 -10 -1970. The learned counsel for the revision petitioner did not press his point regarding this sale deed.