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1991 Supreme(SC) 460

M.M.PUNCHHI, K.RAMASWAMY
Susila Devi Ammal – Appellant
Versus
State Of Madras – Respondent


JUDGMENT

The first appellant is the mother and the remaining two appellants are her sons. By themselves they constituted a family, the family is known as in S.3(14) of the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961, hereinafter -referred to as the Act. The holding of the family had to be determined, under the provisions of the Act, as on 6-4-1960. The authorised officer (Land Reforms) Mayuram computed the holding of the family ignoring claim of the appellants for deduction on account of a genuine sale. Their appeal to the Land Tribunal was futile exercise. On Civil Revision before the High Court of Madras under S. 83 of the Act, a learned single Judge took the view that 3 acres and 66 cents of land sold by the family on 16-6-1962 was perhaps a genuine sale and perhaps excludible for the purpose of determining the ceiling limit. Finding that the appellants had not been given the opportunity to satisfy the concerned authorities about the genuineness of the sale dated 16-6-1962, the High Court found that there was a material irregularity in the order which needed to be corrected. For the purpose the Civil Revision Petition was partly allowed and the subject matter





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