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1995 Supreme(SC) 315

SUPREME COURT OF INDIA
B.L.Hansaria : K.Ramaswamy
P.V.Devassia
Versus
State Of Kerala
Case No. : 4152 of 1995
Date of Decision : 3/1/95
Advocates Appeared: Anam E.M.S. : George M.T.

Advocates:
E.M.S.ANAM, M.T.George

Headnote:

Kerala Land Reforms Act – Section 82 – Appellant has two married sons. He executed two gift deeds bequeathing 10 acres and 11 acres respectively sons – He had applied for exemption of those lands from his ceiling area prescribed under Kerala Land Reforms Act – On remand by High court Land tribunal gave benefit of 6 acres to each of sons – For rest of land covered by gift deeds revision petition was filed Notwithstanding anything contained decree or order of any court or other authority any voluntary transfer effect by means of a gift deed executed during period commencing on and ending with by a person owning or holding land in excess of ceiling area of his son or daughter or son or daughter of his predeceased son or daughter shall – Held, Case of an adult unmarried person or a family consisting of a sole surviving member five standard acres so however that the ceiling area shall not be less than six and more than seven and a half acres in extent of land comprised in gift should not exceed ceiling area specified in clause of case an adult unmarried person or a family consisting of a sole surviving member shall be five standard acres so however that ceiling area shall not be less than six and more than seven and a half acres in extent other words if a gift deed is executed by a person of his son or daughter maximum land which empowers donor to gift, would not be less than six acres and not more than seven and a half acres of land in extent – Tribunal had rightly granted an extent of six acres of land to each of his married sons – Appeal is dismissed.

(1) LEAVE granted.

(2) THIS appeal by special leave arises from the judgment of the High court of Kerala in CRP No. 1916 of 1984 dated 29/1/1988. The appellant has two married sons. He executed two gift deeds, Ex. R-l and Ex. R-2 bequeathing 10 acres and 11 acres respectively in favour of his sons. He had applied for exemption of those lands from his ceiling area prescribed under the Kerala Land Reforms Act. On remand by the High court, the Land tribunal gave the benefit of 6 acres to each of the sons. For rest of the land covered by the gift deeds, the revision petition was filed. The High court confirmed the order of the Land tribunal and dismissed the revision petition.

(3) SECTION 84(1-A) reads thus:

"84. (l-A) Notwithstanding anything contained in Ss. (1, or in any judgment, decree or order of any court or other authority, any voluntary transfer effect by means of a gift deed executed during the period commencing on the 1st day of January, 1970 and ending with the 5th day of November, 1974 by a person owning or holding land in excess of the ceiling area in favour of his son or daughter or the son or daughter of his predeceased son or daughter shall be, not to be, or ever to have been, invalid- (a) if the extent of the land comprised in the gift does not exceed the ceiling area specified in clause (a) of Ss. (1 of Section 82; and (b) if the extent of the land comprised in the gift exceeds the ceiling area specified in the said clause, to the extent of that ceiling area."

Section 82(1(a) reads thus:

"82. (1 (a) in the case of an adult unmarried person or a family consisting of a sole surviving member, five standard acres, so however that the ceiling area shall not be less than six and more than seven and a half acres in extent;"

(4) A conjoint reading of these provisions would clearly envisage that a gift deed executed between the period commencing from 1/1/1970 and ending with 5/11/1974 by a person owning or holding land in excess of the ceiling area in favour of his son or daughter or son or daughter of the predeceased son or daughter shall not be deemed to be or ever to have been invalid. The extent of the land comprised in the gift should not exceed the ceiling area specified in clause (a) of Section 82(1, which in the case of an adult unmarried person or a family consisting of a sole surviving member,shall be five standard acres, so however that the ceiling area shall not be less than six and more than seven and a half acres in extent. In other words, if a gift deed is executed by a person in favour of his son or daughter etc., the maximum land which Section 82 (1 (a) empowers the donor to gift, would not be less than six acres and not more than seven and a half acres of land in extent. The Tribunal, therefore, had rightly granted an extent of six acres of land to each of his married sons. Therefore, we do not find any illegality in the orders of the tribunal and the High court warranting interference.

(5) THE appeal is dismissed. No costs.

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