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1985 Supreme(SC) 17

V. BALAKRISHNA ERADI, Y. V. CHANDRACHUD
B. K. V. Radhamani Ammal – Appellant
Versus
Authorised Officer, Land Reforms, Coimbatore – Respondent


Advocates:
A.V.RANGAM, A.V.Velayudhan Nair, P.RAM REDDY, S.Padmanabhan

Judgment

CHANDRACHUD, CJI. :- On July, 11, 1955 one Balgopal executed a deed of settlement in favour of his unmarried daughter Jayakumari, giving her an absolute interest in an agricultural land measuring about 24 standard acres. On December 31, 1956 he executed a deed of settlement in favour of his wife Radhmani Ammal, giving a life estate to her in about 19 standard acres of agricultural land. The lands thus settled upon these two, the daughter and wife, were evidently the self-acquired property of the settlor. Balgopal died in 1957.

2. The Tamil Nadu Land Reforms (Fixation of Ceiling of Land) Act, 1961, was notified on October 2, 1962 but the date of commencement of the Act was April 6, 1960. Proceedings were taken under the Act for the purpose of determining the question as to whether the widow and daughter of Balgopal were in possession of any surplus land. By an order dated November 7, 1969, the Authorised Officer held that the lands in which the widow had a life estate and the lands settled upon the daughter had to be clubbed together since the widow and the daughter were members of the same family. As a result of the clubbing of the two holdings, it was found that the family







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