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1985 Supreme(Mad) 464

V.RAMASWAMI
G. R. Radhakrishaan – Appellant
Versus
The Authorised Officer, Land Reforms, Kancheepuram – Respondent


Advocates Appeared:
For the Petitioner:G.Narasimhalu, Advocate.
For the Respondent: Jermiah for Addl. Govt. Pleader.

Judgment :-

The petitioner herein along with -his four brothers constituted a Hindu undivided family. The family was holding lands in Vishnuvakkam, Karikkalavakkam, and Melanur villages of Trivellore taluk as on 15th February, 1970. That he and his brothers along with the wives of some of the brothers constituted a Hindu undivided family and there was no partition among them is admitted. On the ground that his share in the joint family lands is not within the ceiling area, the petitioner seems to have not filed any return. However, treating an extent of 20 acres and 22 cents (11.25 standard acres) which was in the name of the petitioner as his private property, the Authorised Officer, Kancheepuram passed as order on 24th February, 1975 declaring 0,93 standard acres as the surplus land. The petitioner who is the eldest of the brothers preferred an appeal before the Land Tribunal (Subordinate judge), Chingleput in CM.A.No.27 of 1975. That appeal was allowed and the order dated 24th February, 1975 was set aside and the matter was remanded to the Authorised Officer, Land Reforms, Kancheepuram for fresh enquiry and disposal. At that stage, the petitioner submitted a return and also claim



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