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SUPREME COURT OF INDIA
K. RAMASWAMY AND B.L. HANSARIA, JJ.
Surbuddin and another, Appellants
Versus
State of Kerala and another, Respondents.
Civil Appeal No. 1017 of 1995 (arising out of S.L.P. No.2637 of 1985)
Decided on 23-1-1995.
Compensation - Land Reforms Act - Joint claim by husband and wife
Fact of the Case:
The husband and wife jointly filed a claim for lands taken over under the Land Reforms Act. The wife was not separately awarded compensation when the husband was compensated. The High Court dismissed the appeal stating that there was no separate claim made by the wife.
Finding of the Court:
The Tribunal should have granted compensation to both the husband and the wife for the lands respectively held by them. The High Court was wrong in concluding that the claim was not made by the wife, as they both jointly laid the claim for their respective holdings. The appeal was allowed, and the competent authority was directed to compute the compensation payable to the wife.
Issues: Joint claim for compensation under the Land Reforms Act, High Court's dismissal of the appeal due to lack of separate claim by the wife
Ratio Decidendi: The court held that when the husband and wife jointly laid the claim for their respective holdings, the State should have granted compensation to both of them. The High Court's conclusion that there was no separate claim made by the wife was deemed incorrect.
Final Decision: The appeal was allowed, and the competent authority was directed to compute the compensation payable to the wife for the land held by her.
JUDGMENT
Leave granted.
2. Notice itself was issued to the husband and the wife for making their claim for lands respectively held by them which was taken over under the Land Reforms Act. They also filed jointly their claim statement as indicated in the statement filed in this Court. In that view of the matter, the Tribunal should have granted to both the claimants the compensation for the lands respectively held by the husband as well as the wife. Since the wife was not separately awarded while granting the compensation to the husband, when the appeal was filed, the High Court of Kerala in the impugned order dated July 6, 1984 in LAA No. 266/78 dismissing the appeal on the ground that there was no separate claim made by the wife. The High Court was wrong in coming to the conclusion that the claim was not made by the wife. She and her husband jointly laid the claim and so it would be that they both made the claim in respect of their respective holdings. In that situation, the State should have granted compensation to the lands respectively held by them.
3. The appeal is accordingly allowed. The competent authority is directed to compute the compensation payable to the wife in respect of the land held by her. No costs.
Appeal allowed.
For Citation: AIR 1995 SC 1122
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