Uttam Chand Vs. State of Maharashtra
& ANR [1980] INSC 25 (14 February 1980)
FAZALALI, SYED MURTAZA FAZALALI, SYED MURTAZA
KOSHAL, A.D.
CITATION: 1980 AIR 806 1980 SCR (2)1048 1980
SCC (2) 292
ACT:
Maharashtra Agricultural Land (Ceiling of
Holdings) Act 1961, Sections 2(11), 2(22), 8, 10 and 12-Scope-Only those
transfers made at any time on or after 4-8-1959 would be hit by the Act.
HEADNOTE:
The appellant in his return filed before the
Deputy Collector had shown the total lands in his possession to be 370 acres
and 34 gunthas. Proceedings under the Maharashtra Agricultural Lands (Ceiling
of Holdings) Act, 1961 were taken against him in order to determine whether the
return filed was correct or not. It was alleged by the appellant that some time
in the year 1956 there was a partition between the appellant and his nephews as
a result of which his family got 202 acres of land. The appellant had sold 51
acres of land to other persons before the Act came into force and that he gave
some land to his adopted son in lieu of the latter's share and that the adopted
son thereafter gave 93.25 acres of land to his mother under Civil Court decree.
All these transactions took place sometime in the year 1956. The Collector
after examining the return found that the total land owned by the appellant was
118 acres 36 gunthas and the excess was only 4 acres 36 gunthas which could be
taken over under the Act. The Commissioner called for the records and
interfered suo moto. After making some enquiry, he held that the land declared
by the appellant in his return far exceeded the ceiling limit and in computing
the total lands owned by the appellant he took into account even the lands
which had been given by the adopted son to his mother, the wife of the
appellant.
The appellant filed a writ petition against
the order of the Commissioner in the High Court which refused to interfere on
the ground that the transfer of the land in favour of the adopted sons was held
to be collusive as also the decree.
In the appeal to this Court, it was contended
on behalf of the appellant that under the provisions of the Act, land which was
received by his wife from the adopted son was her personal property and could
not be included in the ceiling of the appellant and that the Commissioner had
no jurisdiction to add that land and treat the same as the land of the
appellant and to set aside the order of the Deputy Collector. On behalf of the
respondent it was contended that the word 'person' defined in section 2(22) of
the Act includes family and that 'family' as defined in section 2(11) includes,
a Hindu Undivided family, and in the case of other persons, a group or unit,
the members of which by custom or usage are joint in an estate or possession or
residence.
Allowing the appeal.
HELD: 1. The judgment of the High Court is
set aside as also that of the Commissioner and that the judgment of the Deputy
Collector restored.
[1052B] 1049
2. The Act clearly exempts the land which may
have been acquired or transferred prior to 4-8-1959. Section 8, 10 and 12 which
deal with the subject clearly enjoin that only those transfers would be hit by
the Act which are made at any time on or after 4-8-1959. [1051A]
3. There was neither any pleading nor any
case made out either before the Deputy Collector or even before the
Commissioner to indicate that the transfer of the land in favour of the adopted
son and the transfer by the adopted son in favour of his mother were collusive
or tainted by fraud. Both these transactions took place as far back as 1956
that is to say 5 years before the Act came into force.
[1050G-H]
4. The High Court was not justified in
presuming that the transfer made by the appellant in favour of his adopted son
towards his share and the transfer by the adopted son to his mother was either collusive
or fraudulent. There was neither any foundation in the pleadings nor any
evidence to support this conjecture of the High Court. [1051A-C]
5. Sections 2(11), 2(12) are of no assistance
as Section 6 takes within its fold lands belonging to the owner, or his family
as a single unit and is not meant to cover the separate or individual property
of a member of the family which is self-acquired property and cannot be clubbed
together with the land of the owner or his family. To begin with, the Act merely
intended to include the land within the ceiling limits of a person or his
family which belonged to such a person or persons having different shares in
that property. That is why all transfers made prior to 1959 were expressly
exempted from the operation of the Act. [1051E-G]
CIVIL APPELLATE JURISDICTION: Civil Appeal
No. 1415 of 1970.
From the Judgment and Order dated 30-9-69 of
the Bombay High Court in S.C.A. No. 1512 of 1967.
V. M. Tarkunde, R. Satish, V. K. Pandita and
E. C. Agarwala for the Appellant.
M. C. Bhandare, C. K. Ratnaparkhi and M. N.
Shroff for the Respondent.
The Judgment of the Court was delivered by
FAZAL ALL J. This appeal by certificate is directed against a judgment of the
Bombay High Court dated 30-9-1969 dismissing the writ petition filed by the
appellant against an order of the Commissioner.
The facts of the case lie within a narrow
compass and may be stated as follows:
Proceedings under Maharashtra Agricultural
Lands (Ceiling of Holdings) Maharashtra Act No. XXVII 1961 and (hereinafter to
be referred to as the Act) which received the assent of the President on 1050
16-6-1961 were taken against the appellant in order to determine whether the
return filed by the appellant under the provisions of the Act was correct or
not. In his return filed before the Deputy Collector, the appellant had shown
the total lands to be 370 acres and 34 gunthas. It was however alleged by the
appellant that some time in the year 1956, there was a partition between the
appellant and his nephews as a result of which his family got 202 acres of
land. The appellant had sold 51 acres of land to other persons before the Act
came into force. The appellant further alleged that he gave some lands to his
adopted son in lieu of the latter's share. The adopted son Nemichand thereafter
gave 93.25 acres of land to his mother under a civil Court decree. All these
transactions took place sometime in the year 1956. The Collector after
examining the return found that the total land owned by the appellant was 118
acres 36 gunthas and the excess was only 4 acres 36 gunthas which could be
taken over under the Act. Against the order of the Deputy Collector, the
Commissioner appears to have called for the records and interfered suo moto and
after making some enquiry, he held that the land declared by the appellant in
his return far-exceeded the ceiling limit.
In computing the total lands owned by the
appellant, the Commissioner appears to have taken into account even that land
which had been given by Nemichand to his mother, the wife of the appellant.
Against this order of Commissioner, the appellant filed a writ petition before
the High Court which was dismissed as a result of which an application was
filed for grant of certificate for appeal to this Court which was granted.
Hence this Appeal.
The short point taken by Mr. V. M. Tarkunde,
learned counsel for the appellant is that under the provisions of the Act, land
which was received by his wife from the adopted son was her personal property
and could not be included in the ceiling of the appellant and that the
Commissioner therefore had no jurisdiction to add that land and treat the same
as the land of the appellant and proceed to set said the order of the Deputy
Collector. The High Court in a short judgment refused to interfere mainly on
the ground that the transfer of the land in favour of Nemichand, the adopted
son, was held to be collusive as also the decree. There was neither any
pleading nor any case made out either before the Deputy Collector or even
before the Commissioner to indicate that the transfer of the lands in favour of
the adopted son and the transfer of Nemichand in favour of his mother were
collusive or tainted by fraud. In fact both these transactions took place as
far back as 1956, that is to say, five years before the Act came into force.
Even the Act clearly exempts lands which may
1051 have been acquired or transferred prior to 4-8-1959. Ss. 8, 10 and 12
which deal with the subject clearly enjoin that only those transfers would be
hit by the Act which are made at any time on or after 4-8-1959. As both the
transfers mentioned above were prior to 4-8-1959, it is obvious that they fell
completely outside the ambit of the provisions of the Act. The High Court was
thus not justified in presuming that the transfer made by the appellant in
favour of his adopted son towards his share and the transfer by the adopted son
Nemichand to his mother were either collusive or fraudulent. There was neither
any foundation in the pleadings nor any evidence to support this conjecture of
the High Court.
Mr. Bhandare, learned Counsel appearing for
the respondent submitted that the word 'person' defined in Sec. 2(22) of the
Act includes family and that 'family' as defined in Sec. 2(11) of the Act
includes, a Hindu undivided family, and in the case of other persons, a group
or unit the members of which by custom or usage are joint in estate or
possession or residence. Reliance was also placed on Section 6 of the Act which
runs thus:
"Where a family unit consists of members
which exceed five in number, the family unit shall be entitled to hold land
exceeding the ceiling area to the extent of one-fifth of the ceiling area for
each member in excess of five, so however that the total holding shall not
exceed twice the ceiling area, and in such case, in relation to the holding of
such family unit, such area shall be deemed to be the ceiling area." These
sections are of no assistance to the Respondent because Section 6 takes within
its fold lands belonging to the owner, or his family as a single unit and is
not meant to cover the separate or individual property of a member of the
family which is self-acquired property and cannot be clubbed together with land
of owner or his family. To begin with the Act merely intended to include land within
the ceiling limit of a person or his family which belonged to such a person or
persons having different shares in that property. That is why all transfers
made prior to 1959 were expressly exempted from the operation of the Act. The
arguments advanced by the respondent appear to have found favour with the
Commissioner, but it was legally erroneous as indicated above. In these
circumstances, therefore, the more important fact to be determined was whether
or not any transfer that has been made by the person concerned was prior to or
after 4-8-1959. If the transfer was prior to 4- 8-1959 then the provisions of
the Act would not apply at all. In the instant case, both the 1052 transfers
being three years prior to the date mentioned above, the Act would not apply to
the appellant, and the Commissioner and the High Court therefore erred in
holding that the lands transferred by Nemichand to his mother should be
included in the total area of the land owned by the appellant.
We, therefore, allow this Appeal, set aside
the judgment of the High Court and also that of the Commissioner and restore
the judgment of the Deputy Collector. In the special circumstances, there shall
be no orders as to costs.
The appeal is accordingly allowed.
N.K.A. Appeal allowed.
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