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1977 Supreme(AP) 87
Andhra Pradesh High Court
Judges : K.RAMACHANDRA RAO
State Of A.P.represented by the special Tahsildar Land Reforms Authorised Official, Ongole - Appellant
Versus
Malladi Rama Subbiah - Respondent
Decided On : 03-18-77
A child in the womb of its mother on the notified date of the Act and which is born subsequently is to be treated as a minor member of the family unit as defined in section 3 (f) of the Act.
Headnote:
CEILING ON AGRICULTURAL HOLDINGS ACT - FAMILY UNIT - CHILD IN THE WOMB OF ITS MOTHER ON THE NOTIFIED DATE - WHETHER A MEMBER OF THE FAMILY UNIT - INTERPRETATION OF SECTION 3 (F) AND 4 OF THE ACT.
Fact of the Case:
Two revision petitions were filed challenging the orders of the Land Reforms Appellate Tribunal, Ongole, and Srikakulam, regarding the inclusion of a child in the womb of its mother on the notified date as a member of the family unit under the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (the Act).
Finding of the Court:
The court held that a child in the womb of its mother on the notified date of the Act and which is born subsequently is to be treated as a minor member of the family unit as defined in section 3 (f) of the Act.
Issues: Whether a child in the womb of its mother on the notified date of the Act and which is born subsequently can be treated as a member of the family unit under Section 3 (f) of the Act.
Ratio Decidendi: The court relied on textual authorities and decided cases to support its conclusion that a child en ventre sa mere must be deemed to be in existence on the date of its conception provided the child was born subsequently, and is deemed to be a minor. The court also held that the general principle that a child en ventre sa mere is treated as being in existence for certain purposes, is not a principle applicable only to cases governed by Hindu Law but is accepted by all civilised Jurisprudences.
Final Decision: The court confirmed the order of the Land Reforms Appellate Tribunal, Ongole, and dismissed the revision petition 1578/1976 with costs. The court set aside the order of the Land Reforms Appellate Tribunal, Srikakulam, and directed that the daughter born to the petitioner in C.R.P. 1744/1976 in June, 1965 shall be included in the family unit of the petitioner, and his family unit is declared entitled to hold 1.4000 standard holdings.
( 1 ) IN these two revision petitions filed under section 21 of the Andhra pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (hereinafter referred to as the Act), the short question that arises for consideration is, whether a child in the womb of its mother on the notified date viz , 1-1-1975 the date on which the Act came into force and which was born subsequently, is entitled to be treated as a member of the family unit under Section 3 (f) of the Act.
( 2 ) C. R. P. No. 1578/1976 has beenfiled by the Government against the order of the Land Refoims Appellate Tribunal, Ongole, in L. R. A. No. 46/1976, where the Chairman of the said Tribunal took the view that such a child is a member of the family unit; and the Member of the appellate tribunal took a contrary view.
( 3 ) C. R. P. No. 1744/1976 has been filed by the declarant against the order of the Land Reforms Appellate Tribunal, Srikakulam, where the appellate Tribunal took the view that such a child in the womb of its mother, could not be treated as a member of the family unit as defined in section 3 (f) of the Act. family unit as defined in Sec. 3 (f) cf the Act, as follows: - "family unit means- (i) in the case of an individual who has a spouse or spouses, such individual, the spouse or spouses and their minor sons and their unmarried miner sons and their unmarried minor daughters, if any; (ii) in the case of an individual who has no spouse such individual and his or her minor sons and unmarried minor daughters; (in) In the case of an individal who is a divorced husband and who has not remarried, such individual and his minor sons and unmarried minor daughters, whether in his custody or not; and (iv) where an individual and his or her spouse are both dead, their minor sons and unmarried minor daughters. Explanation :-Where a minor son is married, his wife and their off spring, if any, shall also be deemed to be members of the family unit of which the minor son is a member" section 4 of the Act which prescribes the ceiling area of a family unit consisting of five members or more, and of an individual who is not a member of a family unit, reads as follows:-
( 4 ) CEILING area: - (1) The ceiling area in the case of a family unit consisting of not more than five members shall be an extent of land equal to one standard holding. (2) The ceiling area in the case of a family unit consisting of more than five members shall be an extent of land equal to one standard holding plus an additional extent of one-fifth of one standard holding for every such member in excess of five, so however that the ceiling area shall not exceed two standard holdings. (3) The ceiling area in the case of every individual who is not a member of a family unit, and in the case of any other person shall be an extent of land equal to one standard holding. Explanation:- In the case of a family unit, the ceiling area shall be applied to the aggregate of the lands held by all the members of the family Unit. " 4. Under sub-section (1) of this section, if the family unit consists of five members, it will be entitled to hold an extent of land equal to one standard holding,
( 5 ) UNDER sub-section (2) if the family unit consists of more than five members, it shall then be entitled to hold an extent of land equal to one standard holding plus an additioial extent of one-fifth of one standard holding for every such member in excess of five, subject however to the maximum that the ceiling area shall not exceed two standard holdings.
( 6 ) UNDER section 8 of the Act, a declaration has to be filed by every person if his holding on the notified date exceeds the ceiling area prescribed by the Act.
( 7 ) UNDER section 9, the Tribunal has to determine the ceiling area on the basis of the declaration furnished or information obtained under section 8 of the Act, after making an enquiry in the prescribed manner. The explanation to section 9 which is relevant for the purpose of these c
