1976 Supreme(SC) 405

SUPREME COURT OF INDIA
A.N. RAY, C.J.I., M. H. BEG AND JASWANT SINGH, JJ.
State of Kerala and others, Appellants
Versus
K. A. Gangadharan, Respondent.
Civil Appeal No. 1177 of 1975,
D/- 27-10-1976.
Advocates appeared
Mr. K. T. Harindranath, Sr. Advocate (Mr. K. M. K. Nair Advocate with him), for Appellants; Mr. T. C. Raghavan, Sr. Advocate, (Mr. P. K. Pillai, Advocate with him), for Respondent.

Headnote:

Kerala Land Reforms Act, 1964 - Section 85 (a) - Voluntary transfers of excess land - Ownership or possession is not diverted - Respondent filed a statement under Section 85 (a) of hereinafter called Act and showed there that the statement related to family consisting of himself his wife and children - Two of his children were minors on January - Ceiling area allowed under Section 82 (1) of Act for a family consisting of two or more but not more than five members is ten standard acres which should not be less than twelve and more than fifteen ordinary acres in extent - On this footing respondent would be entitled to have not less than acres on notified - He was found to have a total area - He alone was owner of all lands - Acres were exempted under Section 81 - Excluding acres and another acres for ceiling area excess land was acres - A statement showing determination was served on him and his wife - They were asked to file objections - Two of respondents children a daughter and a son who were minors - Respondent executed three deeds of gift transferring a total extent of acres to his three children - To eldest of them a daughter who was a major on January he transferred acres - To second daughter who became a major he transferred acres and to his son who became a major he transferred - Respondent filed an objection stating that he and his wife who were remaining members of statutory family did not hold more than ceiling area available to family and therefore he was not liable to surrender any excess land - Land Board recognized gift to eldest daughter who was a major on January and required respondent to surrender acres which was subject-matter of other two deeds of gift – Held, These provisions in Act establish the dominant legislative intent of the imposition of ceiling on land holdings and consequential obligation to surrender lands owned or held in excess of ceiling area on the notified - Legislature noticed possibility that after proposal to introduce Kerala Land Reforms Bill published in the Gazette there might be transactions of transfers with view to circumventing provisions of contemplated legislation - It is to meet said situation that Section 84 of Act lays down that all such voluntary transfers that have taken place subsequent to date of publication of Bill otherwise than in limited modes specified in said section shall be deemed to be transfers calculated to defeat provisions of Act and shall be invalid - It is apparent that Section 84 was enacted with a view to making provisions of Sections 83 and 85 effective - For purposes of calculation of the ceiling area and determination of extent of excess land to be surrendered by persons account will be taken not merely of land actually owned and possessed by him on notified but also of land voluntarily transferred by him subsequent to date of publication of Bill in the Gazette by transactions not falling within certain categories mentioned in Section 84 - Section 84 prohibits persons from transferring their excess lands after August except as provided in that section - It has been held there that prohibition against ceiling area under Section 83 of Act and surrender of excess land under Section 85 of the Act are both to be determined with reference to position as on the notified date under Section 83 of Act - Crucial date for determining and surrendering surplus land is January and not any earlier date - Transfers which have been effected between August and January will be treated as valid provided they come within excepted categories enumerated in Section 84 of Act - Lands covered by such valid transfers will be treated as properties belonging to transferors on notified date for purposes of determining a ceiling area and extent of excess land to be surrendered by him - In respect of transfers effected after January ceiling area applicable to a person and extent of his liability to surrender which became crystallized on January will determine excess land to be surrendered - Obligation to surrender excess land owned or possessed by person as on January cannot be affected by voluntary transfers even of excepted varieties mentioned in Section 84 of the Act subsequent to notified date - Transferor will continue to be liable to surrender to Government the full extent of excess land that was in his possession as on January - Appeal allowed